QLDQCA
R v Senior [2001] QCA 346
[2001] QCA 346
Court of Appeal (Qld)|2001-09-07|Before: McMurdo P, Davies and Thomas JJAJudgment of the Court
View original sourceAt a glance
Source factsCourt
Court of Appeal (Qld)
Decision date
2001-09-07
Before
McMurdo P, Davies and Thomas JJAJudgment of the Court
Catchwords
- CRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE - WITNESSES - POWERS OF
- JUDGE - POWER TO EXAMINE WITNESSCRIMINAL LAW - APPEAL AND NEW TRIAL AND
- INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE -
- PARTICULAR CIRCUMSTANCES
Source
Original judgment source is linked above.
Catchwords
CRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE - WITNESSES - POWERS OFJUDGE - POWER TO EXAMINE WITNESSCRIMINAL LAW - APPEAL AND NEW TRIAL ANDINQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE -PARTICULAR CIRCUMSTANCESINVOLVING MISCARRIAGE - OTHER IRREGULARITIES - conductof trial judge - intervention by judge during examination-in-chief andcross-examinationof the accused - where persistent and apparently hostilecross-examination of accused by judge - where questioning by judge appearstoimply doubt about the accused’s evidence - where questioning impeded theorderly elicitation of accused’s evidencein chief - where questioningimpeded accused answering questions by prosecutor in cross-examination - whereimbalance created byjudicial intervention not redressed in summingupCRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION -APPEAL AND NEW TRIAL - OBJECTIONS AND POINTS NOT RAISED IN COURTBELOW -