R v Black - [2009] QCA 198

SUPREME COURT OF QUEENSLAND

CITATION:

R v Black [2009] QCA 198

PARTIES:

R
v
BLACK, John Allan
(appellant/applicant)

FILE NO/S:

CA No 61 of 2009
SC No 13 of 2007

DIVISION:

Court of Appeal

PROCEEDING:

Appeal against Conviction & Sentence

ORIGINATING COURT:

Supreme Court at Mt Isa

DELIVERED ON:

17 July 2009

DELIVERED AT:

Brisbane

HEARING DATE:

5 June 2009

JUDGES:

McMurdo P, Keane JA and Jones J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:

1. Appeal against conviction dismissed

2. Application for leave to appeal against sentence refused

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – REVIEW OF EVIDENCE – where evidence to the effect that appellant closed blinds upon arrival of police and arrested under bed – where trial judge directed jury that inference of consciousness of guilt available on that evidence – where appellant alleges that trial judge erred by failing to direct jury that they should not draw such adverse inference because of its prejudicial effect – whether trial judge erred in giving directions

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where appellant convicted by jury of manslaughter which was declared a serious violent offence and sentenced to 12 years imprisonment – where counsel for appellant at trial submitted appropriate range was 10 to 12 years – where appellant sentenced for unlawful killing resulting from a deliberate act – whether sentence at higher end of the range appropriate

Ali v The Queen (2005) 214 ALR 1; [2005] HCA 8, cited
Edwards v The Queen (1993) 178 CLR 193; [1993] HCA 63, cited
R v DeSalvo (2002) 127 A Crim R 229; [2002] QCA 63, cited
R v Harris [2000] QCA 217, cited
Weiss v The Queen (2005) 224 CLR 300; [2005] HCA 81, cited
Zoneff v The Queen (2000) 200 CLR 234; [2000] HCA 28, cited

COUNSEL:

J D Henry SC, with J Trevino, for the appellant/applicant
M Cowen for the respondent

SOLICITORS:

Legal Aid Queensland for the appellant/applicant
Director of Public Prosecutions (Queensland) for the respondent

McMURDO P: I would dismiss this appeal against conviction and refuse the application for leave to appeal against sentence. These are my reasons.

The appellant, John Allan Black, appeals against his conviction for unlawfully killing John Edward Bowman on 3 February 2003. He claims that the judge erred in the directions he gave to the jury on evidence which Black's counsel now refer to as "flight evidence".[1] In summary, this "flight evidence" was that, after Bowman was killed, Black dressed to conceal his identity, shut the blinds at his aunt's home and hid himself under the bed when the police arrived.
[1]The relevant judge's directions are set out in Keane JA's reasons at [36].

It was common ground at trial that Black used illegal drugs and associated…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Black

Details

AGLC: R v Black [2009] QCA 198
Case: [2009] QCA 198
Decision Date: 17 July 2009

CaseChat Overview and Summary

The appellant, Black, appealed against his conviction for manslaughter, and sought leave to appeal against the sentence imposed. The trial involved evidence that upon the arrival of the police, Black closed the blinds and was found arrested under the bed. The trial judge directed the jury that an inference of consciousness of guilt was available on this evidence. The appellant contended that the trial judge erred by failing to direct the jury that they should not draw such an adverse inference because of its prejudicial effect. The appellant also argued that the sentence of 12 years imprisonment was excessive.

The court considered whether the trial judge erred in giving the directions to the jury regarding the inference of consciousness of guilt. The court found that the trial judge had not erred in directing the jury that an inference of consciousness of guilt was available on the evidence in question. The court held that the trial judge had correctly applied the law and provided adequate directions to the jury. The court further considered the appellant's challenge to the sentence. The court found that the sentence of 12 years imprisonment was not manifestly excessive, as it fell within the appropriate range for the offence of manslaughter. The court held that the sentence was appropriate given the circumstances of the case.

The appeal against the conviction was dismissed. The application for leave to appeal against the sentence was refused.

Orders

Orders of the court

1. Appeal against conviction dismissed

2. Application for leave to appeal against sentence refused

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	R v Black [2009] QCA 198
PARTIES:	R v BLACK, John Allan (appellant/applicant)
FILE NO/S:	CA No 61 of 2009 SC No 13 of 2007
DIVISION:	Court of Appeal
PROCEEDING:	Appeal against Conviction & Sentence
ORIGINATING COURT:	Supreme Court at Mt Isa
DELIVERED ON:	17 July 2009
DELIVERED AT:	Brisbane
HEARING DATE:	5 June 2009
JUDGES:	McMurdo P, Keane JA and Jones J Separate reasons for judgment of each member of the Court, each concurring as to the orders made
ORDERS:	1. Appeal against conviction dismissed 2. Application for leave to appeal against sentence refused
CATCHWORDS:	CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – REVIEW OF EVIDENCE – where evidence to the effect that appellant closed blinds upon arrival of police and arrested under bed – where trial judge directed jury that inference of consciousness of guilt available on that evidence – where appellant alleges that trial judge erred by failing to direct jury that they should not draw such adverse inference because of its prejudicial effect – whether trial judge erred in giving directions CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where appellant convicted by jury of manslaughter which was declared a serious violent offence and sentenced to 12 years imprisonment – where counsel for appellant at trial submitted appropriate range was 10 to 12 years – where appellant sentenced for unlawful killing resulting from a deliberate act – whether sentence at higher end of the range appropriate Ali v The Queen (2005) 214 ALR 1; [2005] HCA 8, cited Edwards v The Queen (1993) 178 CLR 193; [1993] HCA 63, cited R v DeSalvo (2002) 127 A Crim R 229; [2002] QCA 63, cited R v Harris [2000] QCA 217, cited Weiss v The Queen (2005) 224 CLR 300; [2005] HCA 81, cited Zoneff v The Queen (2000) 200 CLR 234; [2000] HCA 28, cited
COUNSEL:	J D Henry SC, with J Trevino, for the appellant/applicant M Cowen for the respondent
SOLICITORS:	Legal Aid Queensland for the appellant/applicant Director of Public Prosecutions (Queensland) for the respondent