Queensland Judgments
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R v Peniamina[2021] QSC 250

Reported at (2021) 9 QR 124
CITATION: R v Peniamina [2021] QSC 250
JUDGE(S): Davis J
DELIVERED ON: 08 October 2021
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Editorial Notes

  • Published Case Name:

    R v Peniamina

  • Shortened Case Name:

    R v Peniamina

  • Reported Citation:

    (2021) 9 QR 124

  • MNC:

    [2021] QSC 250

  • Court:

    QSC

  • Judge(s):

    Davis J

  • Date:

    08 Oct 2021

  • Selected for Reporting:

    Editor's Note

Litigation History

EventCitation or FileDateNotes
Primary JudgmentSC679/17 (No citation)24 Sep 2021Date of conviction; retrial ordered in [2020] HCA 47 (reversing [2019] QCA 273); charged with murder (DV offence); pleaded not guilty to murder but guilty to manslaughter; Crown did not accept plea; only issue at trial concerned partial defence of provocation; found guilty of manslaughter by majority verdict.
Primary Judgment[2021] QSC 250 (2021) 9 QR 124; (2021) 292 A Crim R 49108 Oct 2021Reasons for directions to jury; in circumstances where a jury of 12 have been deliberating for eight hours and cannot agree on murder, they may return a majority verdict (11 jurors) on manslaughter, based on the partial defence of provocation, without rendering a verdict on murder or deliberating for any further period: Davis J.
Primary Judgment[2021] QSC 28225 Oct 2021Date of sentence; offender temporarily lost self-control and killed wife in circumstances involving extreme violence and murderous intent; Crown characterised case as in worst category and sought life imprisonment; offending was spontaneous and out-of-character and offender pleaded guilty and was truly remorseful; sentenced to 16 years’ imprisonment with SVO declaration: Davis J.

Appeal Status

No Status

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