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Pre-trial application for exclusion of evidence; Crown given leave to rely on statements disclosed belatedly; evidence of financial distress not incomprehensible in absence of expert and should be left to jury as evidence of motive (except evidence of debts of which accused then unaware); earlier ruling excluding evidence on erroneous factual premise reopened; certain expert tests excluded as irrelevant/not in same conditions; certain other expert evidence not speculative: Smith DCJA.
Primary Judgment
DC205/20 (No citation)
03 Sep 2020
Date of sentence; convicted of attempted arson after trial; started fire in newsagency with a view to claiming on insurance and thereby relieving financial stress; sentenced to 4 years’ imprisonment with default parole eligibility date (Devereaux SC CJDC).
Appeal Determined (QCA)
[2021] QCA 169
20 Aug 2021
Leave to appeal against sentence dismissed; sentence not manifestly excessive: Morrison JA, Bond JA (Callaghan J dissenting, setting aside the sentence as manifestly excessive and sentencing offender to 3 years’ imprisonment suspended after 15 months for 3 years).
Appeal Status
Appeal Determined (QCA)
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