R v BDF

[2019] QCA 14

COURT OF APPEAL

SOFRONOFF P
GOTTERSON JA
McMURDO JA

CA No 41 of 2018
DC No 71 of 2018
DC No 167 of 2017

THE QUEEN

BDF Appellant

BRISBANE

FRIDAY, 8 FEBRUARY 2019

JUDGMENT

SOFRONOFF P: In this appeal, Mr Meredith - who appears for the Crown - has informed the Court that the Crown accepts that grounds 2 and 4(a) of the notice of appeal have been established. He has submitted – and the appellant accepts – that the consequence is that there must be a re-trial of counts 2, 3, 4, 5, 6 and 11. This concession was based upon considerations that do not involve the slightest criticism of the learned trial judge’s conduct of the trial. Having regard to the fact that there must be a re-trial, we do not go on to consider the actual foundation for the course that the Crown has decided to adopt. For her part, the appellant abandons grounds 1, 5 and 6.

The appellant pleaded guilty to count 1 on the indictment and although she has appealed against that conviction, Ms Holliday of counsel - who appears for the appellant - has informed us that she intends to abandon ground 1 of the appeal. In those circumstances, the appropriate orders are (1) allow the appeal in part; (2) set aside verdicts on counts 2, 3, 4, 5, 6 and 11; (3) order that there be a re-trial of those counts; (4) leave to withdraw the appeal against the conviction on count 1. In terms of the appeal, you’re happy with the orders?

MS HOLLIDAY: Yes.

MR MEREDITH: Yes, your Honour.

SOFRONOFF P: All right. Well, those will be the orders then. Now, in relation to bail, what did you want to do?

MR MEREDITH: I understand that there’s an application and I would concede it and have bail be granted on the previous conditions.

SOFRONOFF P: So you’re content for bail to be granted on the previous conditions?

MR MEREDITH: I have a copy, your Honour.

SOFRONOFF P: Can I have a copy? Thanks. I will mark the form of undertaking tendered by the Crown on this application exhibit 1 on the application.

EXHIBIT #1 ADMITTED AND MARKED

SOFRONOFF P: So the two orders that I would propose are (1) bail be granted to BDF on condition that she be released from the custody of Corrective Services; (2) such bail is granted upon the conditions that applied to her bail prior to trial. Anything else?

MR MEREDITH: No, your Honour. Thank you.

SOFRONOFF P: There’s one other thing. Thank you, Ms Holliday for having defined the issue so well that it was possible to deal with the matter in this way. And Mr Meredith, the three of us are grateful for your application of your experience and skill in being able to see that this is the correct way to determine it. We’re grateful for that.

MR MEREDITH: Thank you, your Honour.

SOFRONOFF P: Adjourn until Monday 10.15, please.

CaseChat Overview and Summary

The appeal, heard by the Queensland Court of Appeal, involves the appellant, BDF, contesting various counts of an indictment. The Crown accepted the validity of certain grounds of appeal, leading to the necessity for a re-trial on counts 2, 3, 4, 5, 6, and 11. The appellant had pleaded guilty to count 1 but later abandoned the appeal against this conviction. The legal issues primarily revolved around the validity of certain trial procedures and the admissibility of evidence, though these were not elaborated upon in detail by the court due to the Crown's concessions.

The court acknowledged the Crown's concession that grounds 2 and 4(a) of the appeal had merit, which resulted in the necessity for a re-trial on specific counts. The court did not delve into the specifics of these grounds, given the Crown's concession and the requirement for a re-trial. The appellant, in turn, withdrew other grounds of appeal, including grounds 1, 5, and 6. The court issued orders allowing the appeal in part, setting aside the verdicts on the specified counts, and ordering a re-trial. Additionally, the court granted leave for the withdrawal of the appeal against the conviction on count 1. The decision also addressed the appellant's bail, which was to be granted under the previous conditions.

In summary, the Queensland Court of Appeal allowed the appeal in part, set aside certain verdicts, and ordered a re-trial on counts 2, 3, 4, 5, 6, and 11. The court also granted leave for the withdrawal of the appeal against the conviction on count 1. The appellant's bail was reinstated under the conditions that applied before the trial. The Crown and the appellant both agreed to the terms of the judgment, and the court thanked the legal representatives for their efficient handling of the case.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established