SUPREME COURT OF QUEENSLAND
CITATION:
R v Bradley [2013] QCA 163
PARTIES:
R
v
BRADLEY, Laith Andrew
(appellant)FILE NO/S:
CA No 287 of 2012
SC No 91 of 2012DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
Supreme Court at Townsville
DELIVERED ON:
24 June 2013
DELIVERED AT:
Brisbane
HEARING DATE:
18 June 2013
JUDGES:
Chief Justice, Muir and Fraser JJA
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
1. That in relation to the convictions on counts 2, 8, 9, 10 and 11, the appeal be dismissed;
2. That the appeal against conviction in relation to counts 1, 3, 4, 5 and 6 be upheld and the convictions set aside, and that there be retrial of the appellant on those counts.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – MISDIRECTION AND NON-DIRECTION – JOINT TRIAL OF SEVERAL COUNTS – the appellant was charged with various offences, including trafficking and possession of drugs, possession of a weapon and two counts of attempting to pervert the course of justice – the appellant was convicted of some offences by a jury and acquitted in respect of others – whether the charges of attempting to pervert the course of justice and possession of a machine gun were improperly joined with the drugs charges and thereby constituted a miscarriage of justice
CRIMINAL LAW – APPEAL AND NEW TRIAL – MISCARRIAGE OF JUSTICE – PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE – MISDIRECTION OR NON-DIRECTION – NON-DIRECTION – a prosecution witness was declared hostile after giving different oral evidence to an earlier statement she had purportedly made to police – the witness denied having made the earlier statement – the statement was not directly admitted into evidence, but parts of it were disclosed in the evidence of a police officer – the Judge directed the jury in accordance with s 101(1) of the Evidence Act 1977 (Qld) (the Act) but failed to direct the jury as to the weight to be attached to the purported statement, which was a requirement of s 102 of the Act – whether the Judge’s failure to direct the jury on the weight to be attached to the purported statement in light of other evidence constituted a miscarriage of justice
CRIMINAL LAW – APPEAL AND NEW TRIAL – PROCEDURE – VERDICT – INCONSISTENT, AMBIGUOUS AND MEANINGLESS VERDICTS – OTHER OFFENCES – the jury acquitted the appellant of attempting to pervert the course of justice where it was alleged by a witness that the appellant had pressured him to claim possession of certain drugs – the jury rejected this evidence and acquitted the applicant of that count of attempting to pervert the course of justice – the Judge instructed the jury that they could convict the appellant in respect of the related drug possession charge only if satisfied that the drugs did not belong to the witness – whether the jury’s acquittal of the…
Continue reading R v Bradley
Sign in free to access the full text
- AGLC
- R v Bradley [2013] QCA 163
- Case
- [2013] QCA 163
- Decision Date
CaseChat Overview and Summary
The court had to determine whether the charges of attempting to pervert the course of justice and possession of a machine gun were improperly joined with the drugs charges, whether the judge's failure to direct the jury on the weight to be attached to a witness's earlier statement constituted a miscarriage of justice, and whether the jury's acquittal on one count was inconsistent with its conviction on another related count. The court considered whether the judge's directions to the jury regarding the drug possession charge were appropriate and whether the jury's doubts about a witness's reliability should have affected their consideration of other counts.
The court found that while some of the appellant's convictions should stand, the failure of the trial judge to properly direct the jury on the weight to be attached to a witness's earlier statement did constitute a miscarriage of justice in relation to some counts. The court also found that the acquittal on one count of attempting to pervert the course of justice did not necessarily render the conviction on a related drug possession charge inconsistent, but the trial judge's directions on this point could have been clearer. Consequently, the court dismissed the appeal in relation to some counts but upheld the appeal and ordered a retrial in respect of others.
The court ordered that the appeal be dismissed in relation to certain counts, while the appeal against convictions on other counts was upheld. The convictions on these counts were set aside, and the appellant was to be retried on those counts. This decision highlights the importance of proper jury directions and the need for consistency in the jury's consideration of related charges.
Orders
Orders of the court
1. That in relation to the convictions on counts 2, 8, 9, 10 and 11, the appeal be dismissed;
2. That the appeal against conviction in relation to counts 1, 3, 4, 5 and 6 be upheld and the convictions set aside, and that there be retrial of the appellant on those counts.
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.