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Date of conviction of grievous bodily harm following trial before Dick SC DCJ and jury; Crown case that accused punched complainant or aided/encouraged relevant assault; in issue at trial whether injury caused on that occasion; accused called but did not give evidence; trial judge directed jury on former but not latter.
Appeal Determined (QCA)
[2021] QCA 132
18 Jun 2021
Appeal allowed, conviction set aside, retrial ordered; miscarriage of justice; trial judge should have given jury Azzopardi direction; unlikely that failure to seek redirection a forensic decision; reasonably possible that non-direction affected verdict; proviso incapable of application: Fraser JA (Mullins JA and Henry J agreeing).
Appeal Status
Appeal Determined (QCA)
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