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Duesbury, James (a pseudonym) v The Queen [2022] VSCA 117

Victorian Court of Appeal
Priest, Kyrou and Walker JJA

Duesbury, James (a pseudonym) v The Queen

Judgment Date: 
23 June 2022

CRIMINAL LAW - Appeal - Conviction - Two charges of sexual activity in the presence of a child under 16, three charges of sexual assault of a child under 16 (charges 3, 4, 9), two charges of sexual penetration of lineal descendant (charges 7, 10) - Two complainants were applicant's granddaughters - Inconsistencies between complainants' visual audio recorded evidence (VAREs) and evidence at special hearing - Complainant in respect of charge 7 did not say in evidence that offending subject to that charge occurred - Whether conviction on charges 7 and 9 not reasonable or not supported having regard to evidence - Leave to appeal granted in respect of charge 7 only - Appeal allowed.

CRIMINAL LAW - Appeal - Conviction - Whether prosecutor's final address created irregularity in conduct of trial and caused substantial miscarriage of justice on certain charges - Leave to appeal refused.