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R v Hargraves[2010] QSC 188

CITATION: R v Hargraves [2010] QSC 188
JUDGE(S): Fryberg J
DELIVERED ON: 08 June 2010

Editorial Notes

  • Published Case Name:

    R v Hargraves and Stoten

  • Shortened Case Name:

    R v Hargraves

  • MNC:

    [2010] QSC 188

  • Court:


  • Judge(s):

    Fryberg J

  • Date:

    08 Jun 2010

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2008] QSC 267 (2008) 73 ATR 77523 Oct 2008Defence's pre-trial application for disclosure granted: Fryberg J.
Primary Judgment[2009] QSC 8003 Apr 2009Ruling 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 30904 Sep 2009S’s application, before retrial, for exclusion of certain evidence refused: Fryberg J.
Primary Judgment[2010] QSC 13627 Jan 2010Remarks 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 13728 Jan 2010Rulings on admissibility of certain evidence sought to be tendered by S: Fryberg J.
Primary Judgment[2010] QSC 37 (2010) 78 ATR 47515 Feb 2010No-case submission rejected: Fryberg J.
Primary JudgmentSC13/10 (No citation)08 Mar 2010Date 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 40608 Jun 2010AH 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 32823 Nov 2010AH 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 12013 May 2011AH 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 25306 Sep 2011Appeals 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 25726 Oct 2011Appeals 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).

Appeal Status

Appeal Determined (QCA) - Appeal Determined (HCA)

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