[...] v The Queen (2006) 225 CLR 303. R v Birks (1990) 19 NSWLR 677. R v Collins, ex parte Attorney-General [1996] 1 Qd R 631. R v Cranston [1988] 1 Qd R 159. R v Dunrobin (CA 48/2008; Court of [...]
[...] May 2008, unreported); [2008] QCA 116. R v Foley [2000] 1 Qd R 290. R v Kray [1970] 1 QB 125. R v Liristis [2004] NSWCCA 287. R v Lucas [1981] QB 720. R v MAP (CA 324/2005; Court of Appeal [...]
[...] QCA 220. R v Manunta (1989) 54 SASR 17. R v Owen [1951] VLR 393. R v Robinson (CA 301/2006; Court of Appeal, 30 March 2007, unreported); [2007] QCA 99. R v Wurch (1932) 58 CCC 204. R v Zorad [...]
[...] [12] (1893) 6 R 67 (HL). [13] [1983] 1 NSWLR 1 at 16. [14] R v Birks (1990) 19 NSWLR 677; R v Foley [2000] 1 Qd R 290 and MWJ v The Queen (2005) 80 ALJR 329. [15] At 688; and R v Liristis [2004] [...]
[...] evidence supporting the others. [1], [135] – [141], [156]. R v Kray [1970] 1 QB 125, 130 –131; R v Collins, ex parte Attorney-General [1996] 1 Qd R 631, 636 – 637 followed. Phillips v The Queen (2006) [...]
[...] Pfennig v The Queen (1995) 182 CLR 461. R v Anderson (CA 152/2006; Court of Appeal, 22 December 2006, unreported); [2006] QCA 563. R v Devenish [1969] VR 737. R v Dunwoody (CA 294/2003; Court of Appeal [...]
[...] [43] Dyers , at 292–293. [44] (1893) 6 R 67. [45] (2005) 222 ALR 436;[2005] HCA 74. [46] Ibid at 449. [47] R v Robinson [2007] QCA 99. [48] R v MAP [2006] QCA 220. [49] (1993) 178 CLR [...]
[...] Appeal, 5 November 2004, unreported); [2004] QCA 413. R v Governor of Pentonville Prison, ex parte Osman [1989] 3 All ER 701. R v Kontos (1997) 140 FLR 101. CRIMINAL APPEAL Appeal from convictions [...]
[...] House of Lords in Browne v Dunn (1893) 6 R 67. [10]The Rule applies in criminal cases,[14] but as Gleeson CJ, with whose reasons McInerney J agreed, said in R v Birks :[15] There are some obvious [...]
[...] circumstances of the case either or both of those comments may be available: see, eg, R v Robinson [1977] Qd R 387 at 394. However, especially in a criminal trial, there are considerations which may [...]
[...] the prosecution of a single purpose. [141]The question was discussed in R v Collins, ex parte Attorney-General [1996] 1 Qd R 631 at 636–637 by McPherson JA and Lee J. Their Honours said: It has [...]
[...] appellant in his defence of any of the counts was identified by his counsel. [143]In R v Cranston [1988] 1 Qd R 159 Macrossan J (with whom McPherson and de Jersey JJ agreed) said (165–166): The [...]
[...] at the trial.... Further cases are collected and a similar view is expressed... in R v Phillips and Lawrence. In R v Bedington ... the Court again stated that an improper joinder was not a ground for [...]
[...] inference that a statement was a lie might be drawn from its inherent improbability. [1], [115] – [116]. R v Wurch (1932) 58 CCC 204 followed. (3) That the joinder of charges authorised by s 567 was not limited [...]
[...] Taxation [1983] 1 NSWLR 1. Azzopardi v The Queen (2001) 205 CLR 50. Browne v Dunn (1893) 6 R 67. Commercial Union Assurance Company of Australia Ltd v Ferrcom Pty Ltd (1991) 22 NSWLR 389. Darkan [...]
[...] leave to appeal against sentence. S J Hamlyn-Harris for the appellant. W J Abraham QC , with her C R Toweel , for the Crown. CAV MUIR JA: [1]I am in general agreement with the reasons of Chesterman JA [...]
[...] caution. [12]Later in his reasons, Gleeson CJ adopted the following views expressed by King CJ in R v Manunta :[17] It seems to me that the failure of counsel to cross-examine the police officers [...]
[...] that he had not informed Prendale of his bankruptcy. [65]The appellant relied upon the authority of R v Owen [1951] VLR 393 at 403. Owen was an undischarged bankrupt who obtained credit by way of an overdraft [...]
[...] of Mr Lees agency and the possibility of a mistaken belief about it. It did not do so. [81]In R v Zorad (1990) 19 NSWLR 91 the Court of Criminal Appeal said at 105: A summing up should, in [...]
[...] summing-up is to present for the jury the issues of fact which they have to determine. [82]In R v Dunrobin [2008] QCA 116 Muir JA said: [38]... None of the three parts of the summing-up which [...]
[...] case. [83]The quotation comes from Alford v Magee (1952) 85 CLR 437 at 466. In Fingleton v R (2005) 227 CLR 166 at 196, McHugh J referred to s 620 of the Qld Code which provides that it [...]
[...] that it is a lie may be drawn from its inherent improbability. A case cited as authority is R v Wurch (1932) 58 CCC 204. Wurch was charged with shop-breaking with intent to commit an indictable [...]
[...] be put. This was noted by the judges in Edwards in the passage quoted and was also established in R v Lucas [1981] QB 720. [118]At trial the prosecution did not rely upon the appellants lies as [...]
[...] committed in the prosecution of a single purpose. [139]The appellants proposition was rejected in R v Kray [1970] 1 QB 125 in which Widgery LJ said (for the court) (130–131): ... offences cannot [...]
[...] [2004] NSWCCA 287. [16] R v Birks (1990) 19 NSWLR 677 at 690–691. [17] (1989) 54 SASR 17 at 22–23. [18] (2005) 80 ALJR 329. [19] At 339–340. [20] Darkan v The Queen (2006) 227 CLR 373 at [...]