QLDQCA
R v Jeffrey & Daley [2002] QCA 429
[2002] QCA 429
Court of Appeal (Qld)|2002-10-18|Before: McMurdo P, Jerrard JA, and Atkinson JSeparate, reasons for judgment of each member of the Court, each concurring as to the, orders made
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Source factsCourt
Court of Appeal (Qld)
Decision date
2002-10-18
Before
McMurdo P, Jerrard JA, and Atkinson JSeparate, reasons for judgment of each member of the Court, each concurring as to the
Catchwords
- CRIMINAL LAW – PARTICULAR OFFENCES – PROPERTY OFFENCES –
- ROBBERY – GENERALLY – where appellant Daley
- claimed he was entitled
- to money possessed by the complainant as of a right in the appellant Jeffrey to
Source
Original judgment source is linked above.
Catchwords
CRIMINAL LAW – PARTICULAR OFFENCES – PROPERTY OFFENCES –ROBBERY – GENERALLY – where appellant Daleyclaimed he was entitledto money possessed by the complainant as of a right in the appellant Jeffrey tocompensation – whereappellants acted together in taking money fromcomplainant – where appellant Jeffrey convicted only by reason of herbeinga party to the robbery committed by appellant Daley – operation of s22 of the Criminal Code – whether appellant Daley had an honestclaim of right to the money CRIMINAL LAW – APPEAL AND NEW TRIAL ANDINQUIRY AFTER CONVICTION – PARTICULAR GROUNDS – MISDIRECTION ANDNON-DIRECTION– GENERAL MATTERS – OTHER MATTERS – wherelearned trial judge declined to direct the jury on defence under s 22of theCriminal Code – where learned judge ruled that because the evidenceof appellant Daley was that he did not take the money but was given itby thecomplainant, the s 22 defence could not apply – where appellant Daley was