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The accused was convicted after trial of one count of producing methylamphetamine and one count of possessing items used in connection with producing methylamphetamine. The case against the accused was circumstantial. The accused did not give or call evidence at trial.
QCA Interlocutory Judgment
[2001] QCA 497
09 Nov 2001
Appeal adjourned for accused to obtain legal advice: McMurdo P, McPherson JA, Mackenzie J.
Appeal Determined (QCA)
[2002] QCA 92
22 Mar 2002
Appeal against convictions allowed, convictions set aside, retrial ordered; jury’s verdicts not unsupported by evidence; unfair for trial judge to make Weissensteiner comment in circumstances where accused had offered an explanation consistent with innocence in an out-of-court statement not led by Crown on account of its self-serving nature; summing-up on accused’s failure to give evidence contained other deficiencies; proviso could not sustain convictions: McMurdo P, Thomas JA, Douglas J.
Appeal Status
Appeal Determined (QCA)
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