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Offender’s 4-year-old child died from abdominal injuries caused by blunt force trauma; offender pleaded guilty to manslaughter but basis of criminal responsibility disputed; Crown’s primary case, which was circumstantial, was that offender inflicted fatal force; offender did not give evidence but gave version of events to police denying inflicting injuries; finding that offender applied force which caused abdominal injuries and death: Applegarth J.
Primary Judgment
[2017] QSC 317
18 Dec 2017
Offender sentenced to 9 years’ imprisonment with parole eligibility after 4 years for manslaughter: Applegarth J.
Notice of Appeal Filed
File Number: CA6/18
10 Jan 2018
Application for leave to appeal against sentence filed.
Appeal Determined (QCA)
[2019] QCA 42
12 Mar 2019
Application for leave to appeal against sentence refused; sentencing judge did not err in finding that offender inflicted fatal blows; no occasion to reconsider R v Miller [2003] QCA 404 (‘Miller’) as sentencing judge merely reasoned that offender’s exculpatory out-of-court statements should be given less weight than if they had been given on oath and tested by cross-examination: McMurdo JA (Fraser JA agreeing, Crow J agreeing with additional observations).
Special Leave Granted (HCA)
[2019] HCATrans 180
11 Sep 2019
Special leave to appeal granted: Bell and Nettle JJ.
Appeal allowed, sentence quashed, matter remitted to trial division for resentencing (see litigation history of [2020] QSC 364); Miller was wrongly decided, sentencing judge should not draw adverse inference from offender’s failure to give evidence save in rare and exceptional circumstances contemplated by Azzopardi v R [2001] HCA 25; sentencing judge applied Miller to determination of at least some contested facts: Kiefel CJ, Bell, Keane, Nettle and Edelman JJ.
Appeal Status
Appeal Determined (QCA) - Appeal Determined (HCA)
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