SUPREME COURT OF QUEENSLAND
CITATION: R v Booth [2005] QCA 30 PARTIES: R
v
BOOTH, William David
(appellant)FILE NO/S: CA No 302 of 2004 DC No 201 of 2004 DIVISION: Court of Appeal PROCEEDING: Appeal against Conviction ORIGINATING
COURT:District Court at Townsville DELIVERED ON: 18 February 2005 DELIVERED AT: Brisbane HEARING DATE: 7 February 2005 JUDGES: McMurdo P, McPherson JA and Jerrard JA
Separate reasons for judgment for each member of the Court,
each concurring as to the order madeORDER: Appeal against Conviction dismissed CATCHWORDS: CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – OBJECTIONS AND POINTS NOT RAISED IN COURT BELOW – MISDIRECTION AND NON- DIRECTION – PARTICULAR CASES – where appellant tried by jury on three counts of indictable offences - where trial judge directed the jury that a reasonable doubt is a doubt which they find to be reasonable – whether trial judge erred in directing the jury to this effect CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – OBJECTIONS AND POINTS NOT RAISED IN COURT BELOW – MISDIRECTION AND NON- DIRECTION – PARTICULAR CASES – where trial judge refused a request to direct the jury that if they were left in doubt as to where the truth lay, the verdict should be not guilty – where trial judge subsequently gave further directions to the effect that a rejection of part or all of the appellant’s evidence did not necessarily mean that the prosecution had succeeded – whether trial judge erred in giving these directions CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – MISCARRIAGE OF JUSTICE – TESTS – WHETHER JURY WOULD HAVE RETURNED SAME VERDICT – GENERAL PRINCIPLES – where appellant contended that evidence from co-accused which was unavailable at trial was now available on appeal – where appellant did not call co-accused as a witness during trial – where no statement by co-accused indicative of appellant’s innocence put before court – whether the jury would have acquitted appellant if co-accused’s evidence supporting appellant had been before it at trial Green v R (1971) 126 CLR 28, applied
R v George [1980] Qd R 346, appliedCOUNSEL: The appellant appeared on his own behalf
M J Copley for the respondentSOLICITORS: The appellant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the
respondent
McMURDO P: I agree with Jerrard JA that the appeal against conviction should be dismissed for the reasons he gives.
McPHERSON JA: For the reasons given by Jerrard JA, which I have read and with which I agree, this appeal must be dismissed.
JERRARD JA: On 19 August 2004 William David Booth, known as Dave Booth, was convicted by a jury on three charges. These were of entering the dwelling of Wayne Charles Roberts on 17 August 2003 with the intent to commit an indictable offence, robbing Mr Roberts that…
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- AGLC
- R v Booth [2005] QCA 30
- Case
- [2005] QCA 30
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the trial judge's direction to the jury concerning the nature of reasonable doubt constituted an error that warranted the setting aside of the appellant's convictions. The appellant's counsel argued that the trial judge's direction was misleading and failed to adhere to the established legal standards for defining reasonable doubt. Conversely, the respondent submitted that the trial judge's direction was a permissible interpretation of the concept of reasonable doubt and did not misdirect the jury in a way that would prejudice the appellant's case.
The High Court, in dismissing the appeal, found that the trial judge's direction to the jury, although perhaps not the most ideal articulation, did not constitute a misdirection that would vitiate the appellant's convictions. The court held that the trial judge's direction was a permissible expression of the concept of reasonable doubt and did not misdirect the jury in a manner that would prejudice the appellant. The court concluded that the trial judge's direction did not reach the threshold of an error that would warrant the setting aside of the convictions. Accordingly, the appeal against conviction was dismissed.
Orders
Orders of the court
Appeal against Conviction dismissed
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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