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The Guardian - AU
The Guardian - AU
National
Ben Smee

Brisbane rape conviction quashed after judge intervened over question of consent

Justice statue
The Queensland court of appeal has quashed the rape conviction of a Gold Coast man, and ordered a retrial, after finding the trial judge’s interventions during the initial hearing amounted to a miscarriage of justice. Photograph: Dave Hunt/AAP

The Queensland court of appeal has quashed the rape conviction of a Gold Coast man, and ordered a retrial, in a case where he followed a woman, 19, uninvited into the toilet of a Brisbane bar.

Darryl John Clancy, 50, of Highland Park, was found guilty of rape by a jury in 2021. The court of appeal ruling annuls the verdict on the basis that the trial judge’s interventions during the initial hearing amounted to a miscarriage of justice. This included that the judge effectively prevented defence counsel from questioning the alleged victim whether she had allowed Clancy to have sex with her.

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