Queensland Judgments
Authorised Reports & Unreported Judgments
Exit Distraction Free Reading Mode
  • Unreported Judgment
  • Appeal Determined - Special Leave Refused (HCA)

The Queen v Stafford[1992] QCA 269

The Queen v Stafford[1992] QCA 269

Please Note: A project is currently underway to digitise this judgment to enhance its onscreen presentation. For now, the original version of this judgment may be viewed onscreen and downloaded as a text-analysed and searchable PDF document. Click here for more information.
Word Highlighter:
Original Version Loading
(as on screen PDF)

Editorial Notes

  • Published Case Name:

    The Queen v Stafford

  • Shortened Case Name:

    The Queen v Stafford

  • MNC:

    [1992] QCA 269

  • Court:

    QCA

  • Judge(s):

    Davies JA, McPherson JA, Thomas J

  • Date:

    25 Aug 1992

Litigation History

EventCitation or FileDateNotes
Primary JudgmentSC30/92 (No citation)25 Mar 1992Date of conviction of murder. The Crown’s case at trial was that the accused killed the deceased in her house and kept her body, before disposing of it, in the boot of his car.
Appeal Determined (QCA)[1992] QCA 26925 Aug 1992Appeal against conviction dismissed; complaint about trial judge’s directions touching on accused’s interest in the outcome of the trial, in the context of evaluating his evidence, not made out, the remarks in question having been favourable to the accused; wrongful admission of certain irrelevant evidence unlikely to have prejudiced accused and, in any event, the admissible evidence was such that the jury would inevitably have convicted accused: Davies and McPherson JJA and Thomas J.
Appeal Determined (QCA)[1997] QCA 33323 Sep 1997A-G reference under s 672A(a) of Criminal Code (Qld) (‘Code’); appeal against conviction dismissed; further evidence, although casting doubt on correctness of scenario relied upon by Crown at trial, not such as to, upon all the evidence, raise requisite doubt as to accused’s guilt: Davies and McPherson JJA (Fitzgerald P dissented; jury convicted accused on factual basis shown to be erroneous; accused deprived of fair chance of acquittal; evidence sufficiently cogent to order retrial).
Appeal Determined (QCA)[2009] QCA 40724 Dec 2009Further A-G reference under Code s 672A(a); appeal against conviction allowed, conviction set aside, retrial ordered; that Crown case at trial shown by further evidence to be unsustainable constituted a significant denial of procedural fairness warranting quashing the conviction: Keane and Fraser JJA (Holmes JA dissented on whether to order retrial; her Honour found that state of evidence such that jury could not be satisfied beyond reasonable doubt of accused’s guilt).
Special Leave Refused (HCA)(1993) 67 ALJR 51004 Mar 1993Application for special leave to appeal against [1992] QCA 269 refused; Court of Appeal not shown to have erred in its characterisation of trial judge’s comments relating to accused’s interest in outcome of trial as being favourable to accused; failure of accused’s counsel to seek redirection also militated against grant of special leave: Deane, Dawson and Toohey JJ.
Special Leave Refused (HCA)[1998] HCATrans 11417 Apr 1998Special leave to appeal against [1997] QCA 333 refused; no significant possibility that jury would have acquitted accused had they had the further evidence before them: McHugh and Kirby JJ. Published on JADE under [1998] HCATrans 112.

Appeal Status

Appeal Determined - Special Leave Refused (HCA)

Cases Cited

Case NameFull CitationFrequency
Robinson v The Queen [No 2] (1991) 65 ALJR 6442 citations

Cases Citing

Case NameFull CitationFrequency
R v Hargraves [2010] QCA 3283 citations
R v Rezk[1994] 2 Qd R 321; [1993] QCA 3791 citation
R v Stafford [2009] QCA 407 2 citations
The Queen v Stafford [1997] QCA 3331 citation
1

Require Technical Assistance?

Message sent!

Thanks for reaching out! Someone from our team will get back to you soon.

Message not sent!

Something went wrong. Please try again.