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Ruling 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 Judgment
SC679/17 (No citation)
12 Nov 2018
Date 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 658
29 Nov 2019
Appeal 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 75
05 Jun 2020
Special leave to appeal granted: Bell and Gageler JJ.
HCA Transcript
[2020] HCATrans 165
15 Oct 2020
Appeal heard; decision reserved: Bell, Gageler, Keane, Gordon and Edelman JJ.
Appeal 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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