QLDQCA
R v Glebow [2002] QCA 442
[2002] QCA 442
Court of Appeal (Qld)|2002-10-25|Before: Davies and Jerrard JJA and Mackenzie JSeparate, reasons for judgment of each member of the Court, each concurring as to the, order made
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Source factsCourt
Court of Appeal (Qld)
Decision date
2002-10-25
Before
Davies and Jerrard JJA and Mackenzie JSeparate, reasons for judgment of each member of the Court, each concurring as to the, order made
Catchwords
- CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION
- – APPEAL AND NEW TRIAL – TESTS – WHETHER
- JURY WOULD HAVE
- RETURNED SAME VERDICT – MISDIRECTION AND NON-DIRECTION – where
Source
Original judgment source is linked above.
Catchwords
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION– APPEAL AND NEW TRIAL – TESTS – WHETHERJURY WOULD HAVERETURNED SAME VERDICT – MISDIRECTION AND NON-DIRECTION – whereappellant contends that the jury couldnot have been satisfied beyond reasonabledoubt that he intended to cause either the death of or grievous bodily harm tothe deceased– where learned trial judge directed the jury that wherethere was no direct evidence of the necessary intention, it couldbe inferredfrom the facts which had been proved beyond reasonable doubt – where thecritical fact proved was that the appellantrepeatedly kicked the deceased,while inert, in the head – where directions given by learned trial judgeon proof of intentwere supported by authority – where neither counsel norjury sought redirections on the nature or proof of intent – whetherlearned trial judge adequately explained the legal concept of criminal intent to