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Date of conviction after trial (Barlow QC DCJ and jury) of two counts of wounding (sentenced at [2021] QDCSR 596); accused told police that complainant ran at him while he was armed with a knife, raising Code s 23(1)(a); defence impugned adequacy of police investigation, including whether accused given opportunities to give his version of events, prompting prosecution to lead evidence that accused declined formal interview; trial judge gave usual directions about accused who declines to testify.
Appeal Determined (QCA)
[2022] QCA 77
17 May 2022
Appeal against convictions allowed, convictions set aside, retrial ordered; evidence that accused declined formal interview relevant but jury should have been directed not to use exercise of right to silence against him (per McMurdo JA, Morrison JA and Kelly J agreeing); as to s 23(1)(a), jury might have thought, wrongly, that, on each count, relevant act was merely holding knife, rather than insertion of it in complainant’s body (per McMurdo JA, Kelly J agreeing, Morrison JA contra).
Appeal Status
Appeal Determined (QCA)
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