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Date of conviction after trial (Brown J and jury) of attempting to procure another to murder; Crown case based on Code s 7(1)(b) and s 7(1)(d); Crown witness gave evidence that he pleaded guilty to soliciting murder and received sentencing discount for undertaking to give evidence but that he did not have relevant intent and that some facts upon which he was sentenced were untrue; Crown submitted and jury directed that witness’ plea was evidence of relevant intent; no objection by defence.
Notice of Appeal Filed
File Number: CA66/19
22 Mar 2019
Notice of appeal filed.
Appeal Determined (QCA)
[2020] QCA 13 (2020) 3 QR 273; (2020) 285 A Crim R 316
07 Feb 2020
Appeal against conviction allowed, conviction set aside, retrial ordered; miscarriage of justice; jury misdirected; plea and sentencing discount admissible as relevant to witness’ honesty and reliability but plea and its factual basis not admissible as evidence of truth of facts; no rational forensic advantage for defence; proviso inapplicable: Buss AJA (Sofronoff P and Morrison JA agreeing).
Appeal Status
Appeal Determined (QCA)
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