QLDQCA
R v S [2002] QCA 57
[2002] QCA 57
Court of Appeal (Qld)|2002-03-08|Before: McMurdo P, Thomas JA, Ambrose JSeparate reasons for, judgment of each member of the Court, each concurring as to the orders, made
View original sourceAt a glance
Source factsCourt
Court of Appeal (Qld)
Decision date
2002-03-08
Before
McMurdo P, Thomas JA, Ambrose JSeparate reasons for, judgment of each member of the Court, each concurring as to the orders
Catchwords
- APPEAL AND NEW TRIAL – INTERFERENCE WITH DISCRETION OF COURT BELOW
- – PARTICULAR CASES – DISCHARGE OF JURY –
- appeal against
- conviction – where appellant convicted of sexual offences against girl
Source
Original judgment source is linked above.
Catchwords
APPEAL AND NEW TRIAL – INTERFERENCE WITH DISCRETION OF COURT BELOW– PARTICULAR CASES – DISCHARGE OF JURY –appeal againstconviction – where appellant convicted of sexual offences against girlunder 12 years – where Crown enterednolle prosequi against count 7at end of Crown case – whether evidence given in support of count 7created prejudice which could not be undoneby a direction from the trial judge– whether mistrial should have been granted by trial judgeAPPEALAND NEW TRIAL – NEW TRIAL – IN GENERAL AND PARTICULAR GROUNDS– IN GENERAL – MISCARRIAGE OF JUSTICE– CIRCUMSTANCESINVOLVING MISCARRIAGE OF JUSTICE – UNSATISFACTORY NATURE OFTRIALAPPEAL AND NEW TRIAL – NEW TRIAL – IN GENERAL ANDPARTICULAR GROUNDS – IN GENERAL – MISDIRECTION OR NON-DIRECTION– DIRECTIONS AS TO PARTICULAR MATTERS – OTHER MATTERS – wheresection 93A statement – where judge gave redirectionto jury regardingstatement – where defence counsel requested judge to point out evidence