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Sentenced on pleas of guilty to assault occasioning bodily harm, disabling with intent, attempted deprivation of liberty, and stealing; accused entered pleas in belief that would be sentenced on basis of facts contained in Crown’s statement of facts ('SOF'); sentenced to 7 years’ imprisonment for disabling with intent (count 2) with parole eligibility at halfway mark (Kent QC DCJ).
Appeal Determined (QCA)
[2021] QCA 267
07 Dec 2021
Appeal against conviction of count 2 allowed, conviction and sentence set aside; charge remitted; miscarriage of justice; accused did not understand charge; Crown did not particularise intent, refer to it in SoF or make positive allegation about it at hearing; substantial contest thereat as to what intent was, particularly given accused’s instructions that intoxicated; lawyers never discussed intent and relevance of intoxication thereto with accused: Fraser JA, Bond JA, Kelly J.
Appeal Status
Appeal Determined (QCA)
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