QLDQCA
R v Kidd [2001] QCA 536
[2001] QCA 536
Court of Appeal (Qld)|2001-11-30|Before: McMurdo P, McPherson JA, Mackenzie JSeparate reasons for judgment of, each member of the Court, McPherson JA and Mackenzie J concurring to the orders, made, McMurdo P dissenting, in part.
View original sourceAt a glance
Source factsCourt
Court of Appeal (Qld)
Decision date
2001-11-30
Before
McMurdo P, McPherson JA, Mackenzie JSeparate reasons for judgment of, each member of the Court, McPherson JA and Mackenzie J concurring to the orders
Catchwords
- CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION
- – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS –
- MISDIRECTION AND
- NON-DIRECTION – WHERE GROUNDS FOR INTERFERENCE WITH VERDICT –
Source
Original judgment source is linked above.
Catchwords
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION– APPEAL AND NEW TRIAL – PARTICULAR GROUNDS –MISDIRECTION ANDNON-DIRECTION – WHERE GROUNDS FOR INTERFERENCE WITH VERDICT –PARTICULAR CASES – WHERE APPEALALLOWED – where appellant convictedof manslaughter – where deceased died as a result of a stab wound receivedwhilstwrestling with the appellant – whether the trial Judge should havedirected the jury in relation to criminal negligence unders 289CRIMINALLAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL ANDNEW TRIAL – OBJECTIONS AND POINTSNOT RAISED IN COURT BELOW –MISDIRECTION AND NON-DIRECTION – GENERAL PRINCIPLES – where nodirection on criminalnegligence was sought by defence or prosecution in Courtbelow CRIMINAL LAW – PARTICULAR OFFENCES – OFFENCESAGAINST THE PERSON – MANSLAUGHTER – CRIMINAL NEGLIGENCE –whether the facts of the case were such as to require a direction as to criminal