Queensland Judgments
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R v Braithwaite[2004] QCA 123

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Editorial Notes

  • Published Case Name:

    R v Braithwaite

  • Shortened Case Name:

    R v Braithwaite

  • MNC:

    [2004] QCA 123

  • Court:


  • Judge(s):

    McMurdo P, McPherson JA, Holmes J

  • Date:

    23 Apr 2004

Litigation History

EventCitation or FileDateNotes
Primary JudgmentDC123/03 (No citation)-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 12323 Apr 2004Appeal 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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