To print this judgment please return to the case and click on the PDF icon
next to the
case name. For court use, a full PDF copy is required or preferred.
Please Note: You are about to print a copy of the onscreen
version of
this judgment. For court use, a full PDF copy of the judgment is required or preferred. Please
return to
the case for PDF printing options.
Word Highlighter:
0of0
Change Font and Font Size
Unreported Judgment
Appeal Determined - Special Leave Refused (PC/HCA)
Date of conviction of P of two counts of murder and two counts of torture and S of two counts of manslaughter as an alternative to murder. The Crown case against each accused relied on the complicity provisions of the Criminal Code (Qld) (‘the Code’). In the case of S, the trial judge directed the jury on s 31 but not s 25 of the Code.
Primary Judgment
SC14/04 (No citation)
21 Jul 2004
Date of sentence of S to 10 years' imprisonment: Chesterman J.
Appeal Determined (QCA)
[2005] QCA 2
04 Feb 2005
P’s appeal against convictions dismissed; trial judge’s reference to concept of ‘joint criminal enterprise’ in directions on complicity provisions, while undesirable, not, in the circumstances, confusing or misleading; challenge to way in which trial judge put defence case to jury rejected: Davies JA, Fryberg and Mullins JJ.
Appeal Determined (QCA)
[2005] QCA 1 [2005] 2 Qd R 69
04 Feb 2005
S’s appeal against convictions dismissed; as s 31 was raised, there was no scope for s 25 to operate on the same facts; trial judge’s summary of facts relevant to s 31 adequate; trial judge’s misdirection as to s 31(1)(d)(ii) favourable to appellant. As to sentence, leave granted, appeal allowed, sentence set aside, sentence of 8 years’ imprisonment imposed; sentence manifestly excessive: Davies JA, Mullins J (Fryberg J dissenting on sentence).
Special Leave Refused (HCA)
[2005] HCATrans 786
30 Sep 2005
P's application for special leave refused: Gummow, Kirby and Heydon JJ.
Appeal Status
Appeal Determined - Special Leave Refused (PC/HCA)
Please select (using the checkboxes) which search results you would like to add to a list.
