Court of Appeal (Qld)|2002-07-30|Before: McPherson JA, Mackenzie and Atkinson JJSeparate, reasons for judgment of each member of the Court, each concurring as to the, orders made.
McPherson JA, Mackenzie and Atkinson JJSeparate, reasons for judgment of each member of the Court, each concurring as to the, orders made.
Catchwords
EVIDENCE - ADMISSIBILITY AND RELEVANCY - SIMILAR FACTS - TO REBUT DEFENCES
- older child injured in similar way as victim - whether
evidence admissible to
rebut accident defence where there was good reason to suppose defence would be
Source
Original judgment source is linked above.
Catchwords
EVIDENCE - ADMISSIBILITY AND RELEVANCY - SIMILAR FACTS - TO REBUT DEFENCES- older child injured in similar way as victim - whetherevidence admissible torebut accident defence where there was good reason to suppose defence would beraisedEVIDENCE - ADMISSIBILITY AND RELEVANCY - SIMILAR FACTS - IN GENERAL -RELEVANT PRINCIPLES - two babies were injured in a similarway - improbabilityinjuries were caused by someone other than accused objectively high - whetherevidence of mother’s pleaof guilty for causing older child’sinjuries admissible to show no innocent explanation of accused’sinvolvement in thisvictim’s injuriesCRIMINAL LAW - EVIDENCE - CONFESSIONS AND ADMISSIONS - MISCELLANEOUSMATTERS - JOINT TRIAL - two accused tried together where onehas confessed tothe crime but pleaded not guilty - whether the confession is admissible,although hearsay, “for what it isworth” when the crown did not
intend to suggest he was guilty
CRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE - PLEAS - SPECIAL PLEAS
- PLEA OF ISSUE ESTOPPEL - GENERAL PRINCIPLES - accused
pleaded guilty to a
similar crime received light sentence based on claiming accident - whether crown
is bound by its behaviour at
earlier sentencing hearing
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE
investigating police officer about behaviour during interview of joint accused
- whether possible prejudice justifies
discharging the jury
CRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE - JURIES - OTHER
MATTERS - jury communicated problem reaching verdict to bailiff
- judge gave
direction to bailiff to give to jury - whether communication from jury should
have been considered request for redirection
in open court - whether delegation
of duty contravenes s 617 and s 620 of the Criminal Code (Qld) - whether
violation produces mistrial
Criminal Code (Qld) s 23(1)(b), s 568(10), s 569, s 569(10), s 572,
s 617, s 620, s 621, s 668E, s 671AJury Act 1995 (Qld) s 54, s
54(1), s 54(2)(a), s 54(3), s 54(4)
Black v The Queen [1993] HCA 71
(1993) 179 CLR 44, appliedCarroll
[2000] QSC 308
(2000) 115 A Crim R 164, appliedDPP v Burgess [2001] VSCA 135
[2001] 3 VR 363,
consideredGreatorex (1994) 74 A Crim R 406, discussedMaxwell v
The Queen [1996] HCA 46
(1996) 184 CLR 501, appliedNoor Mahomed v The King
[1949] AC 182, discussedPfenning v The Queen [1995] HCA 7
(1995) 182 CLR 461,
appliedR v Storer [1916] ArgusLawRp 27
[1916] VLR 285, appliedR v Taiters, ex p
Attorney-General [1996] QCA 232
[1997] 1 Qd R 333, appliedR v Zullo [1993] QCA 208
[1993] 2 Qd
R 572, appliedWakeley v The Queen (1990) 64 ALJR 321,
considered
Judgment (15 paragraphs)
[1]
EVIDENCE - ADMISSIBILITY AND RELEVANCY - SIMILAR FACTS - TO REBUT DEFENCES - older child injured in similar way as victim - whether evidence admissible to rebut accident defence where there was good reason to suppose defence would be raised EVIDENCE - ADMISSIBILITY AND RELEVANCY - SIMILAR FACTS - IN GENERAL - RELEVANT PRINCIPLES - two babies were injured in a similar way - improbability injuries were caused by someone other than accused objectively high - whether evidence of mother's plea of guilty for causing older child's injuries admissible to show no innocent explanation of accused's involvement in this victim's injuries CRIMINAL LAW - EVIDENCE - CONFESSIONS AND ADMISSIONS - MISCELLANEOUS MATTERS - JOINT TRIAL - two accused tried together where one has confessed to the crime but pleaded not guilty - whether the confession is admissible, although hearsay, "for what it is worth" when the crown did not intend to suggest he was guilty CRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE - PLEAS - SPECIAL PLEAS - PLEA OF ISSUE ESTOPPEL - GENERAL PRINCIPLES - accused pleaded guilty to a similar crime received light sentence based on claiming accident - whether crown is bound by its behaviour at earlier sentencing hearing CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - PREJUDICIAL - PARTICULAR CASES - judge allowed evidence of opinion of investigating police officer about behaviour during interview of joint accused - whether possible prejudice justifies discharging the jury CRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE - JURIES - OTHER MATTERS - jury communicated problem reaching verdict to bailiff - judge gave direction to bailiff to give to jury - whether communication from jury should have been considered request for redirection in open court - whether delegation of duty contravenes s 617 and s 620 of the Criminal Code (Qld) - whether violation produces mistrial Criminal Code (Qld) s 23(1)(b), s 568(10), s 569, s 569(10), s 572, s 617, s 620, s 621, s 668E, s 671A