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Date of conviction of murder after retrial (see [2018] QCA 183); identity only real issue; Crown’s circumstantial case relied on, inter alia, opportunity, accused’s DNA on deceased’s jeans, which were said to have been used to strangle her, and incriminating out-of-court lies; accused testified that Crown witness killed deceased while accused was engaged in sex acts with her, having given various out-of-court accounts which belatedly inculpated witness, whose DNA was not found on deceased.
Appeal Determined (QCA)
[2022] QCA 107
17 Jun 2022
Appeal against conviction dismissed; accused challenged conviction on ground that jury’s verdict unreasonable; reasonably open to jury to be satisfied that Crown excluded hypothesis that another person killed deceased; reasonably open for jury to conclude that accused guilty of murder: Flanagan J (with whom Mullins JA and Davis J agreed).
Appeal Status
Appeal Determined (QCA)
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