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R v Peniamina[2018] QSC 283

CITATION: R v Peniamina [2018] QSC 283
JUDGE(S): Sofronoff P
DELIVERED ON: 09 November 2018
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Editorial Notes

  • Published Case Name:

    R v Peniamina

  • Shortened Case Name:

    R v Peniamina

  • MNC:

    [2018] QSC 283

  • Court:

    QSC

  • Judge(s):

    Sofronoff P

  • Date:

    09 Nov 2018

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2018] QSC 28309 Nov 2018Ruling during trial permitting jury access to audio and video recordings and associated transcripts during deliberations; in the circumstances of the case, this course would not prejudice the accused: Sofronoff P.
Primary JudgmentSC679/17 (No citation)12 Nov 2018Date of conviction of murder of wife. The sole issue at trial was the partial defence of provocation. The accused relied upon the deceased having brandished a knife as the basis for the defence. The deceased had done so in the course of an altercation with the accused which apparently arose out of the accused's suspicions as to the deceased's infidelity.
Appeal Determined (QCA)[2019] QCA 273 (2019) 2 QR 65829 Nov 2019Appeal against conviction dismissed; trial judge did not misdirect jury; s 304(3) of the Criminal Code (Qld) is engaged where the sudden provocation is relevantly ‘based on’ an act of the deceased done (or believed by the accused to have been done) to change the relationship, even if that act is not the provocative conduct relied upon by the accused as founding the defence: Morrison JA, Applegarth J (McMurdo JA dissenting).
Special Leave Granted (HCA)[2020] HCATrans 7505 Jun 2020Special leave to appeal granted: Bell and Gageler JJ.
HCA Transcript[2020] HCATrans 16515 Oct 2020Appeal heard; decision reserved: Bell, Gageler, Keane, Gordon and Edelman JJ.
HCA Judgment[2020] HCA 47; (2020) 271 CLR 568; (2020) 284 A Crim R 558; (2020) 95 ALJR 85; (2020) 385 ALR 36709 Dec 2020Appeal allowed, conviction quashed, retrial ordered; trial judge misdirected jury; s 304(3) does not operate where the relevant provocative conduct is not itself an act done (or believed by the accused to have been done) to change the relationship: Bell, Gageler and Gordon JJ (Keane and Edelman JJ dissenting). For retrial, see litigation history of [2021] QSC 250.

Appeal Status

Appeal Determined (QCA) - Appeal Determined (HCA)

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