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R v Smith[2021] QCA 105

CITATION: R v Smith [2021] QCA 105
JUDGE(S): Sofronoff P, Philippides JA, McMurdo JA
DELIVERED ON: 14 May 2021
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Editorial Notes

  • Published Case Name:

    R v Smith

  • Shortened Case Name:

    R v Smith

  • MNC:

    [2021] QCA 105

  • Court:

    QCA

  • Judge(s):

    Sofronoff P, Philippides JA, McMurdo JA

  • Date:

    14 May 2021

Litigation History

EventCitation or FileDateNotes
Primary JudgmentSC837/16 (No citation)28 Mar 2018Date of conviction of murder; tried on indictment also charging rape, attempted rape, assault occasioning bodily harm and stealing; pleaded guilty during trial to all charges except murder; subsequently found guilty by jury of that offence.
Appeal Determined (QCA)[2021] QCA 10514 May 2021Appeal allowed, conviction quashed, retrial ordered; inadequate directions given on evidence of flight (Philippides JA, McMurdo JA) (and, more generally, on hypothesis of unintentional killing (McMurdo JA)); inadequate directions given on use of evidence on other counts in proof of murder charge (Sofronoff P, McMurdo JA); murder count should have been tried separately from rape counts (Sofronoff P).

Appeal Status

Appeal Determined (QCA)

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