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B convicted after trial of one count of dangerous operation of a motor vehicle. Identification was an issue at trial.
Appeal Determined (QCA)
[2004] QCA 123
23 Apr 2004
Appeal against conviction allowed, conviction quashed, retrial ordered; trial judge erred in failing to direct jury in accordance with Domican; Crown case strong but not such that conviction could be sustained by application of proviso: McMurdo P, Holmes J (McPherson JA dissenting on application of proviso). B subsequently pleaded guilty; an absolute driver’s licence disqualification was removed in [2016] QDC 247.
Appeal Status
Appeal Determined (QCA)
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