Man who molested partner's son loses appeal

A FRASER Coast man, who withheld electronic game time from a young boy unless he received sexual favours, has had an appeal dismissed.

The man, who was in February jailed for seven years for molesting his partner's son while he was aged 13 to 15, tried to argue in the Queensland Court of Appeal that the verdicts were unsafe and the trial judge did not give the jury proper instructions.

The boy, who was aged 17 when he gave evidence at the trial this year, said the man sexually abused him at least 30 times, usually when he was drunk on weekends and during holidays.

He testified the man, his mother's partner, would engage in oral sex and sodomy with him and then made threats against his family to keep him quiet.

The boy, under cross-examination, denied he made up the allegations because he perceived the man had been violent towards him.

The boy's mother testified she had suspicions there was something untoward occurring four or five times between 2008 and 2010.

Justice Hugh Fraser, in a judgment handed down on Friday, said it was open to the jury to find the boy's account truthful and reliable.

He said although there had been a majority verdict, 11 to one, the trial judge made clear directions in response to jury questions during deliberations.

"Once the speaker apprised the trial judge of the underlying purpose of the questions in the jury notes, the trial judge gave appropriate directions in each case," he said.

"There was no error of law in the way in which the trial judge dealt with these issues and no reason to think that this contributed to any miscarriage of justice."


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