R v BDF

[2019] QCA 14

[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

v

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.