Primary Judgment | [2008] QSC 267 (2008) 73 ATR 775 | 23 Oct 2008 | Defence's pre-trial application for disclosure granted: Fryberg J. |
Primary Judgment | [2009] QSC 80 | 03 Apr 2009 | Ruling on AH's submission, at first trial, that issue of claim of right ought to be left to jury: Fryberg J. |
Primary Judgment | [2009] QSC 309 | 04 Sep 2009 | S’s application, before retrial, for exclusion of certain evidence refused: Fryberg J. |
Primary Judgment | [2010] QSC 136 | 27 Jan 2010 | Remarks disapproving conduct of S’s defence in seeking to lead certain contested evidence at trial in circumstances where it had deliberately withheld its intention to do so and no s 590AA application had been made: Fryberg J. |
Primary Judgment | [2010] QSC 137 | 28 Jan 2010 | Rulings on admissibility of certain evidence sought to be tendered by S: Fryberg J. |
Primary Judgment | [2010] QSC 37 (2010) 78 ATR 475 | 15 Feb 2010 | No-case submission rejected: Fryberg J. |
Primary Judgment | SC13/10 (No citation) | 08 Mar 2010 | Date of conviction of AH and S of one count of conspiring to dishonestly cause loss to Commonwealth. Each gave evidence at trial. The trial judge directed the jury to consider, when evaluating witnesses' evidence, whether witnesses had an interest, such as friendship or self-protection, in the subject matter of the evidence. |
Primary Judgment | [2010] QSC 188 (2010) 79 ATR 406 | 08 Jun 2010 | AH and S each sentenced to 6.5 years' imprisonment, with a non-parole period of 3.75 years (93 days declared time served in each case): Fryberg J. |
Appeal Determined (QCA) | [2010] QCA 328 | 23 Nov 2010 | AH and S’s appeals against conviction dismissed; although direction infringed Robinson principle, proviso applied as accused’s guilt proved beyond reasonable doubt; remaining grounds dismissed. As to sentence, leave to appeal granted, appeals allowed, sentences set aside; accused sentenced on wrong factual basis; sentences of 5 years' imprisonment, with 2.5-year non-parole period (260 days time served), imposed: Muir and Fraser JJA, Atkinson J. |
Special Leave Granted (HCA) | [2011] HCATrans 120 | 13 May 2011 | AH and S each granted special leave to appeal: Gummow, Crennan and Bell JJ. These matters were heard with the applications for special leave to appeal in Handlen v R; Paddison v R (see [2010] QCA 371). |
HCA Transcript | [2011] HCATrans 253 | 06 Sep 2011 | Appeals heard; decision of the court reserved: French CJ, Gummow, Hayne, Heydon, Crennan, Kiefel and Bell JJ. The court made the same order in Handlen v R; Paddison v R, which was heard at the same time (see [2010] QCA 371). |
HCA Judgment | [2011] HCA 44; (2011) 245 CLR 257 | 26 Oct 2011 | Appeals dismissed; Court of Appeal right to dismiss appeals but erred in its reasoning; no miscarriage of justice caused by trial judge’s directions which, taken as a whole, did not deflect jury’s attention from need to be persuaded beyond reasonable doubt of accused’s guilt; directions would have been understood as being directed to evidence of certain prosecution witness: French CJ, Gummow, Hayne, Crennan, Kiefel and Bell JJ (Heydon J separately concurring). |