Featherstone v The Queen; Bloxsome v The Queen
Case
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[2020] ACTCA 33
•3 July 2020
Details
AGLC
Case
Decision Date
Featherstone v The Queen; Bloxsome v The Queen [2020] ACTCA 33
[2020] ACTCA 33
3 July 2020
CaseChat Overview and Summary
Featherstone and Bloxsome appealed their convictions to the Court of Criminal Appeal of New South Wales. The appeals concerned allegations of unsafe and unsatisfactory verdicts, the unreliability of witnesses, and the occurrence of a miscarriage of justice. The appellants also raised issues regarding pleas in bar, applications for separate trials, and applications to discharge the jury.
The Court was required to determine whether the verdicts returned by the jury were unsafe and unsatisfactory, particularly in light of concerns about witness reliability. Further, the Court had to consider whether the trial judge erred in refusing applications for separate trials and in refusing to discharge the jury, and whether these decisions, or other aspects of the trial, resulted in a miscarriage of justice. The Court also considered the appeal against Bloxsome's sentence.
The Court found that the verdicts on Counts 8 and 10 were unsafe and unsatisfactory, quashing the convictions on those counts. However, the Court dismissed the remaining grounds of appeal relating to the other convictions. The decision on Bloxsome's sentence appeal was reserved.
The Court was required to determine whether the verdicts returned by the jury were unsafe and unsatisfactory, particularly in light of concerns about witness reliability. Further, the Court had to consider whether the trial judge erred in refusing applications for separate trials and in refusing to discharge the jury, and whether these decisions, or other aspects of the trial, resulted in a miscarriage of justice. The Court also considered the appeal against Bloxsome's sentence.
The Court found that the verdicts on Counts 8 and 10 were unsafe and unsatisfactory, quashing the convictions on those counts. However, the Court dismissed the remaining grounds of appeal relating to the other convictions. The decision on Bloxsome's sentence appeal was reserved.
Details
Key Legal Topics
Areas of Law
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Criminal Law
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Evidence
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Civil Procedure
Legal Concepts
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Appeal
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Charge
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Sentencing
Actions
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Most Recent Citation
Gooda v Burrows [2020] ACTSC 187
Cases Citing This Decision
7
Grey v The Queen
[2022] ACTCA 2
Bloxsome v The Queen
[2020] ACTCA 52
Laipato v The Queen
[2020] ACTCA 35
Cases Cited
15
Statutory Material Cited
3
Fleming v The Queen
[1998] HCA 68
R v Giam
[1999] NSWCCA 53
Libke v The Queen
[2007] HCA 30