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Convicted after trial of murder, grievous bodily harm with intent, and two counts of wounding. The Crown alleged that the accused stabbed four men in an altercation at a nightclub. The accused did not give evidence. There was no evidence that the deceased, who was part of a group, personally provoked/offered violence to the accused. The trial judge declined to leave s 271(2) self-defence to the jury. The partial defence of provocation was not raised at trial.
QCA Interlocutory Judgment
[1999] QCA 413
24 Sep 1999
Appeal adjourned: Davies JA, Ambrose and Cullinane JJ.
QCA Interlocutory Judgment
CA73/99 (No citation)
08 Feb 2000
Further order on appeal against convictions (see [1999] QCA 528); order as to costs of trial made pursuant to Appeal Costs Fund Act 1973 (Qld): McMurdo P, Davies and Thomas JJA.
Appeal Determined (QCA)
[1999] QCA 528 [2001] 1 Qd R 56
23 Dec 1999
Appeal against convictions allowed, convictions set aside; a new trial be had; trial judge erred in failing to direct jury in respect of s 271(2) self-defence and the partial defence of provocation, there being sufficient evidence in the Crown case to enliven each: McMurdo P, Davies and Thomas JJA. Appeal against murder conviction at retrial dismissed ([2001] QCA 81; SL refused B72/2001).
Appeal Status
Appeal Determined (QCA)
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