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E, H and G were convicted of murder at trial. H was also convicted of a related count of breaking, entering and stealing, to which E and G had pleaded guilty. During the trial, there were several contraventions of ss 53-54 of the Jury Act 1995 (Qld). Notwithstanding, the trial judge refused to discharge the jury pursuant to those provisions.
Appeal Determined (QCA)
[2000] QCA 508 [2002] 1 Qd R 203
14 Dec 2000
Appeals against convictions allowed, convictions quashed, retrial ordered; trial judge erred in refusing to discharge jury under ss 53-54; irregularities appeared likely to prejudice fair trial in the sense that they gave rise to a reasonable suspicion as to fairness of trial: de Jersey CJ, Williams and Douglas JJ. At retrial, E, G and H convicted; convictions and sentences upheld on appeal ([2002] QCA 206, [2004] QCA 121, SL refused [2003] HCATrans 481, [2004] HCATrans 235).
Appeal Status
Appeal Determined (QCA)
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