QLDQCA
R v Greenwood [2002] QCA 360
[2002] QCA 360
Court of Appeal (Qld)|2002-09-20|Before: Williams and Jerrard JJA and Atkinson 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
2002-09-20
Before
Williams and Jerrard JJA and Atkinson JSeparate, reasons for judgment of each member of the Court, each concurring as to the, order made
Catchwords
- CRIMINAL LAW – CRIMINAL LIABILITY AND CAPACITY – DEFENCE
- MATTERS – SELF-DEFENCE AND OTHER FORMS OF DEFENCE –
- GENERALLY
- – where appellant convicted of grievous bodily harm pleaded self-defence
Source
Original judgment source is linked above.
Catchwords
CRIMINAL LAW – CRIMINAL LIABILITY AND CAPACITY – DEFENCEMATTERS – SELF-DEFENCE AND OTHER FORMS OF DEFENCE –GENERALLY– where appellant convicted of grievous bodily harm pleaded self-defenceagainst unprovoked assault and aiding inself-defence pursuant to s 271 and s273 respectively of the Criminal Code (Qld) – where only evidencethereof was based on appellant’s testimony and that of his defacto spousethat the complainantthreatened to kill the appellant – whether thedirections of the learned trial judge on the operation and effect of s 271(2)confused the jury in assessing the state of mind of the appellant as to whetherthe test is subjective or objective – considerationof the distinction intests between s 271(1) and (2) of the code – Marwey v The Queenfollowed – whether the directions of the learned trial judge did notclearly distinguish the tests between those provisionsAPPEAL AND NEW TRIAL – NEW TRIAL – IN GENERAL AND PARTICULARGROUNDS – MISCARRIAGE OF JUSTICE - CIRCUMSTANCES NOT