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Date of conviction of murder (domestic violence offence); convicted after trial before Flanagan J and jury; deceased’s body found in bed with knife protruding from abdomen; common ground at trial that deceased’s death was caused by accused or result of suicide; defence case was that deceased suicided.
Appeal Determined (QCA)
[2019] QCA 289
06 Dec 2019
Appeal against conviction allowed, conviction quashed, retrial ordered; admission of statistical evidence as to incidence and methods of suicide, together with prosecutor’s reliance upon it, caused miscarriage of justice; no logical way to use evidence to add to Crown case that deceased was murdered; jury might have been persuaded by the evidence; appellant may have been denied acquittal: Gotterson, Philippides and McMurdo JJA. As to retrial, see litigation history of [2020] QSCPR 26.
Appeal Status
Appeal Determined (QCA)
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