QLDQCA
R v Martin, Klinge & Sambo [2002] QCA 443
[2002] QCA 443
Court of Appeal (Qld)|2002-10-25|Before: McPherson JA, Helman and Philippides JJSeparate, 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
2002-10-25
Before
McPherson JA, Helman and Philippides JJSeparate, reasons for judgment of each member of the Court, each concurring as to the, orders made
Catchwords
- APPEAL - NEW TRIAL - PARTICULAR GROUNDS -MISDIRECTION - JUDGE’S
- SUMMING UP - multiple accused - criminal responsibility based
- on ss 7 and 8
- Criminal Code (Qld) - variously - whether reference to s 8 prejudices one
Source
Original judgment source is linked above.
Catchwords
APPEAL - NEW TRIAL - PARTICULAR GROUNDS -MISDIRECTION - JUDGE’SSUMMING UP - multiple accused - criminal responsibility basedon ss 7 and 8Criminal Code (Qld) - variously - whether reference to s 8 prejudices oneaccusedAPPEAL - NEW TRIAL - PARTICULAR GROUNDS - accused toldmultiple lies - whether failure to identify those relied upon to showconsciousnessof guilt made verdict unsafe - whether lies are equivalent toadmissionsCRIMINAL LAW - EVIDENCE - CONFESSIONS AND ADMISSIONS -MISCELLANEOUS MATTERS - JOINT TRIAL - admission by one accused out of court-whether admissible in favour of one accused and against maker ofstatementCRIMINAL LAW - PROCEDURES - WITNESSES - MATTERS - crown witnessnot asked to confirm statement of other witness - whether judge requiredto makedirection that accused not required to raise issues that may hurt hisdefenceCriminal Code (Qld), s 7(1)(c), s 8, s302(1)(a)Bannon v The Queen [1995] HCA 27(1996) 185 CLR 1,