To print this judgment please return to the case and click on the PDF icon
next to the
case name. For court use, a full PDF copy is required or preferred.
Please Note: You are about to print a copy of the onscreen
version of
this judgment. For court use, a full PDF copy of the judgment is required or preferred. Please
return to
the case for PDF printing options.
Please Note: A project is currently underway to digitise this judgment to enhance its onscreen presentation. For now, the original version of this judgment may be viewed onscreen and downloaded as a text-analysed and searchable PDF document.
Click here for more information.
Word Highlighter:
Original Version Loading (as on screen PDF)
Preparing document for printing…
Editorial Notes
Published Case Name:
Re GMG
Shortened Case Name:
Re GMG
MNC:
[2002] QMHC 19
Court:
QMHC
Judge(s):
Wilson J
Date:
28 Jun 2002
Litigation History
Event
Citation or File
Date
Notes
Primary Judgment
SC19/03 (No citation)
-
G convicted of one count of murder. The issues at trial were intent (as affected by intoxication) and diminished responsibility. The Crown, with the defence’s consent, called psychiatric evidence relevant to both issues both in its main case and in rebuttal. The trial judge was not asked to rule upon this course.
Primary Judgment
[2001] QSC 306
03 Aug 2001
Application for bail pending trial for murder granted: Jones J.
Primary Judgment
[2002] QMHC 19
28 Jun 2002
Reference of G’s mental condition; findings that G not suffering from unsoundness of mind or diminished responsibility when offence committed: Wilson J.
Appeal Determined (QCA)
[2004] QCA 211
25 Jun 2004
Appeal against conviction allowed, conviction set aside, retrial ordered; in circumstances where the issue of diminished responsibility was finely balanced and the jury were not alerted to a significant weakness in the Crown’s psychiatric evidence, the irregular course of evidence gave rise to a miscarriage of justice; as a verdict of guilty of murder was open on the evidence, a retrial should be ordered: McMurdo P, Williams JA, Cullinane J.
