SUPREME COURT OF QUEENSLAND
CITATION:
R v Armitage; R v Armitage [2019] QCA 149
PARTIES:
In CA No 68 of 2017 and CA No 241 of 2017:
R
v
ARMITAGE, Stephen John
(appellant)In CA No 81 of 2017 and CA No 226 of 2017:
R
v
ARMITAGE, Matthew Leslie
(appellant)FILE NO/S:
CA No 68 of 2017
CA No 241 of 2017
CA No 81 of 2017
CA No 226 of 2017
SC No 973 of 2016DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
In CA No 68 of 2017 and CA No 81 of 2017:
Supreme Court at Brisbane – Date of Convictions: 21 March 2017 (Jackson J)In CA No 226 of 2017 and CA No 241 of 2017:
Supreme Court at Brisbane – Date of Convictions: 26 September 2017 (Jackson J)DELIVERED ON:
2 August 2019
DELIVERED AT:
Brisbane
HEARING DATE:
29 November 2018; further submissions received from all parties on 25 June 2019
JUDGES:
Sofronoff P and McMurdo JA and Boddice J
ORDERS:
In CA No 68 of 2017:
1. The appeal against the conviction on count 2 on the indictment be allowed, the conviction on that count be quashed, and a retrial ordered on that count.
2. The appeal against the conviction on count 3 on the indictment be dismissed.
In CA No 81 of 2017:
1. The appeal against the conviction on count 2 on the indictment be allowed, the conviction on that count be quashed, and a retrial ordered on that count.
2. The appeal against the conviction on count 3 on the indictment be dismissed.
In CA No 226 of 2017:
The appeal against the conviction on the indictment be allowed, the conviction be quashed, a verdict of guilty of manslaughter be substituted, and the matter be remitted to the trial division for the appellant to be sentenced for that offence.
In CA No 241 of 2017:
The appeal against the conviction on the indictment be allowed, the conviction be quashed, a verdict of guilty of manslaughter be substituted, and the matter be remitted to the trial division for the appellant to be sentenced for that offence.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE – APPEAL ALLOWED – where the appellants were convicted of murder, torture and interference with the deceased’s corpse – where the deceased disappeared after stealing drugs – where the deceased’s burnt and partially buried remains were later found not far from the appellants’ property – where an unidentified man was said to have been held and tortured at the appellants’ property in the period between the deceased’s disappearance and the finding of his remains – where the prosecution case was wholly circumstantial – where the prosecution alleged that the appellants were each guilty of murder because they caused the death of the deceased with the requisite intent, aided another in the murder of the deceased, or formed a common intention to prosecute the unlawful…
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- Case
- [2019] QCA 149
- Decision Date
CaseChat Overview and Summary
The legal issues the court was required to decide included whether it was open to the jury to find that the unidentified man was the deceased, whether there was sufficient evidence to prove that the deceased was killed by a bodily injury inflicted with intent to commit grievous bodily harm or to kill, to the exclusion of all other reasonable explanations, and whether it was open to the jury to find that the deceased was killed by an injury inflicted upon him by the appellants, another aided by the appellants, or another in the course of prosecuting an unlawful common purpose with the appellants. The court also had to consider whether the verdicts of murder should be substituted for verdicts of manslaughter, and whether the trial judge misdirected the jury by failing to direct that the appellants could be found guilty of manslaughter, rather than murder, on the basis that the appellants aided another in the killing of the deceased.
The court found that there was insufficient evidence to prove that the deceased was killed with the required intent, and that the verdicts of murder should be substituted for verdicts of manslaughter. The court also found that the trial judge misdirected the jury by failing to direct that the appellants could be found guilty of manslaughter, rather than murder, on the basis that the appellants aided another in the killing of the deceased. The court allowed the appeal against the conviction on count 2 on the indictment, quashed the conviction on that count, and ordered a retrial on that count. The court also allowed the appeal against the conviction on the indictment, quashed the conviction, substituted a verdict of guilty of manslaughter, and remitted the matter to the trial division for the appellant to be sentenced for that offence.
In summary, the court found that there was insufficient evidence to prove that the appellants were guilty of murder, and that the verdicts of murder should be substituted for verdicts of manslaughter. The court also found that the trial judge misdirected the jury by failing to direct that the appellants could be found guilty of manslaughter, rather than murder, on the basis that the appellants aided another in the killing of the deceased. The court allowed the appeal against the conviction on count 2 on the indictment, quashed the conviction on that count, and ordered a retrial on that count. The court also allowed the appeal against the conviction on the indictment, quashed the conviction, substituted a verdict of guilty of manslaughter, and remitted the matter to the trial division for the appellant to be sentenced for that offence.
Orders
Orders of the court
In CA No 68 of 2017:
1. The appeal against the conviction on count 2 on the indictment be allowed, the conviction on that count be quashed, and a retrial ordered on that count.
2. The appeal against the conviction on count 3 on the indictment be dismissed.
In CA No 81 of 2017:
1. The appeal against the conviction on count 2 on the indictment be allowed, the conviction on that count be quashed, and a retrial ordered on that count.
2. The appeal against the conviction on count 3 on the indictment be dismissed.
In CA No 226 of 2017:
The appeal against the conviction on the indictment be allowed, the conviction be quashed, a verdict of guilty of manslaughter be substituted, and the matter be remitted to the trial division for the appellant to be sentenced for that offence.
In CA No 241 of 2017:
The appeal against the conviction on the indictment be allowed, the conviction be quashed, a verdict of guilty of manslaughter be substituted, and the matter be remitted to the trial division for the appellant to be sentenced for that offence.
Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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