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Notable Unreported Decision
Appeal Determined (QCA) Special Leave Sought (HCA)
Date of conviction of murder (sentenced at [2020] QSCSR 438); tried before Holmes CJ and jury; critical issue was cause of death; accused admitted assaulting deceased with bed slat; whether reasonably possible that earlier incident/s caused death; forensic pathologist could not exclude alternative causes; trial judge observed that that evidence ‘was really a theoretical possibility’.
Appeal Determined (QCA)
[2022] QCA 21
25 Feb 2022
Appeal against conviction dismissed; appellant contended, citing McKell v R [2019] HCA 5, that trial judge’s observation went beyond permissible judicial comment, unfairly undermined defence case and thereby caused miscarriage of justice; impugned observation properly foreclosed potential impermissible shortcut in reasoning, ensuring jury considered issue of causation by reference to whole of evidence: Mullins JA (with whom McMurdo JA and North J agreed).
Application for Special Leave (HCA)
File Number: B4/2023
13 Jan 2023
Application for special leave to appeal from R v Novley [2022] QCA 21 filed.
Appeal Status
Appeal Determined (QCA) Special Leave Sought (HCA)
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