QLDQCA
R v Willersdorf [2001] QCA 183
[2001] QCA 183
Court of Appeal (Qld)|2001-05-15|Before: McPherson and Thomas JJA, Chesterman 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
2001-05-15
Before
McPherson and Thomas JJA, Chesterman JSeparate reasons for judgment of, each member of the Court, each concurring as to the orders made
Catchwords
- CRIMINAL LAW – PARTICULAR OFFENCES –OFFENCES – PROPERTY
- OFFENCES – ROBBERY – GENERALLY - AGGRAVATION
- – appellant
- convicted of numerous charges including robbery with personal
Source
Original judgment source is linked above.
Catchwords
CRIMINAL LAW – PARTICULAR OFFENCES –OFFENCES – PROPERTYOFFENCES – ROBBERY – GENERALLY - AGGRAVATION– appellantconvicted of numerous charges including robbery with personalviolenceCRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE– ALTERNATIVE VERDICTS – GENERALLY- DIRECTION TO JURY –OTHERMATTERS – where trial judge directed jury in terms of s 411 of theCriminal Code and failed to direct jury as to an alternative charge ofrobbery simpliciter under s 409 – nature of judge’s duty to informjuries of available alternative verdicts – Rehavi discussed anddistinguished – whether finding of threat without actual violencereasonably open – test is whether alternativeverdict fairly arises forconsideration on the whole of the evidence CRIMINAL LAW – EVIDENCE– EVIDENCE OF SEXUAL EXPERIENCE, REPUTATION – proposed crossexamination of complainantwent to credit only and not to a fact in issue– application of s 4 Criminal Law (Sexual Offences) Act 1978