SUPREME COURT OF QUEENSLAND
CITATION:
R v Bradshaw [2025] QCA 172
PARTIES:
R
v
BRADSHAW, David Alan
(appellant)FILE NO/S:
CA No 81 of 2023
SC No 119 of 2021DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
Supreme Court at Rockhampton – Date of Pre-Trial Ruling: 20 October 2022 (Crow J); Date of Conviction: 20 April 2023 (Bowskill CJ)
DELIVERED ON:
16 September 2025
DELIVERED AT:
Brisbane
HEARING DATE:
20 March 2025
JUDGES:
Bond JA, Gotterson AJA and Bradley J
ORDER:
Appeal dismissed.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – MISCARRIAGE OF JUSTICE – where the deceased was found in his home that had been burned down in a fire – where the deceased died from smoke inhalation – where the appellant was convicted of murder of the deceased following a trial in the Supreme Court at Rockhampton – where the appellant made admissions in a police interview that he set the fire at the house and did so as an act of vengeance – where the appellant applied for a pre-trial ruling that the record of the interview be excluded – where the appellant contends the record of interview should have been excluded as the police officers conducted the interview in breach of s 422 of the Police Powers and Responsibilities Act 2000 (Qld) – where the application was dismissed – where the video recording of the interview was played to the jury at trial – whether there was a miscarriage of justice caused by the refusal of the primary judge to exclude the record of the interview
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – MISDIRECTION AND NON-DIRECTION – EFFECT OF MISDIRECTION OR NON-DIRECTION – where the appellant contends a miscarriage of justice was occasioned by the failure of the trial judge to give the jury a direction that the appellant had some mental disability that may affect his capacity to give reliable evidence – whether the trial judge erred in omitting to direct the jury in accordance with the decision in Bromley v The Queen
Police Powers and Responsibilities Act 2000 (Qld), s 5, s 7, s 8, s 9, s 422, sch 6
Bromley v The Queen (1986) 161 CLR 315; [1986] HCA 49, considered
Collins v R (1980) 31 ALR 257; [1980] FCA 72, considered
Commissioner of Police v Flanagan [2019] 1 Qd R 249; [2018] QCA 109, considered
R v Bossley [2015] 2 Qd R 102; [2012] QSC 292, considered
R v GW (2016) 258 CLR 108; [2016] HCA 6, considered
R v LR [2006] 1 Qd R 435; [2005] QCA 368, followed
R v Parker (1990) 19 NSWLR 177, considered
Tofilau v The Queen (2007) 231 CLR 396; [2007] HCA 39, followedCOUNSEL:
R M O’Gorman KC, with H Rafter, for the appellant
G J Cummings for the respondentSOLICITORS:
Legal Aid Queensland for the appellant
Director of Public Prosecutions (Queensland)…
Continue reading R v Bradshaw
Sign in free to access the full text
- AGLC
- R v Bradshaw [2025] QCA 172
- Case
- [2025] QCA 172
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the refusal to exclude the record of the interview constituted a miscarriage of justice, and whether the trial judge erred in omitting to direct the jury on the appellant's potential mental disability affecting his reliability as a witness. The court assessed whether the police officers had reasonable grounds to suspect the appellant had an impaired capacity, based on external evidence and indicia, and whether the trial judge appropriately directed the jury regarding the appellant's potential mental disability.
The court concluded that there were no objective external evidence or indicia to constitute reasonable grounds for the interviewing officers to suspect that the appellant had an impaired capacity. The court found the officers' assessment of the appellant's mental status during the interview to be reasonable and consistent with the statutory requirements. Regarding the trial judge's direction to the jury, the court found no error in the judge's omission, as there was insufficient evidence of the appellant's mental disability to warrant such a direction. The appeal was dismissed, and the conviction was upheld.
Orders
Orders of the court
Appeal dismissed.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
The statutory context in Chapter 14, Part 3 of the PPRA, and the common law context of the protection of persons incapable of choosing or understanding their rights to choose to make a confession, may assist in construing the definition of a person with an impaired capacity and the operation of s 422.Common law consideration of questioning a person who may be of impaired capacity Counsel for the parties were unable to identify any decision of this Court on s 422 of the PPRA. The primary judge extracted part of the reasons of Keane JA in R v LR.[21] R v LR concerned the provision that was then s 254(2) and is now s 423 of the PPRA. It required an officer to delay questioning “a relevant person apparently under the influence of liquor or a drug” until the officer was “reasonably satisfied the influence” no longer affected “the person’s ability to understand his or her rights and to decide whether or not to answer questions.” There was no statutory definition of “reasonably satisfied”.[21][2006] 1 Qd R 435. The conclusions of Keane JA were as follows: “[45] …it is my view, when examined objectively, there was no basis on which the officer could have been reasonably satisfied that the appellant’s level of intoxication was not affecting his ability to understand his rights or to decide whether or not to answer questions. …That the appellant was affected by alcohol was obvious. Moreover, the police officer was aware that the appellant had consumed a significant quantity of alcohol in the hours leading up to the interview. That the appellant was displaying a disturbingly cavalier attitude to his right not to answer questions and to decide whether to exercise that right was also obvious, both by reason of what the appellant was saying and, more importantly, by reason of the contrasting attitude manifested by his father. The attitude of the appellant was significantly different from what one might normally expect from a person who has been informed by the police that he or she is the subject of a complaint of rape. Further, the only assurances the officer had that the appellant did understand the sense and gravity of the allegations being put to him were those proffered by the appellant himself. The assurances of an obviously intoxicated person that he or she is not adversely affected by that intoxication are a cause for circumspection on the part of the interviewer. To continue to conduct the interview in those circumstances meant, in my opinion, that the interview took place in contravention of s. 254(2).”[22][22][2006] 1 Qd R 435 at 449 [44]-[45]. The appellant relied on the following analysis of s 254(2) in R v LR, in the reasons of McPherson JA, with whom Douglas J also agreed:“[5] The various formulas considered in this context vary slightly from statute to statute. Most of them use expressions such as reasonable cause to believe, or reasonable grounds for suspecting, or the like. In speaking of the police officer in s. 254(2), the formulation is “reasonably satisfied”. I cannot doubt, however, that it is designed to set up an objective criterion to be determined by reference to the external evidence or indicia of the influence of liquor rather than simply according to the officer’s subjective even if honest impression of the matter. Otherwise, I can see no reason why the expression used in s. 254(2) is “reasonably satisfied”. In view of the legislative and judicial history of similar expressions and the interpretation placed upon them, it would be astonishing if the legislative selection of the first of these expressions in this instance was not deliberate.[6]For the reasons given by Keane J.A., I agree that the present case was one in which in the circumstances the police officer carrying out the questioning must or ought to have been aware of the appellant’s ability to understand his rights and to decide whether or not to answer the questions; or, more precisely, that he could not have been “reasonably satisfied” that the appellant’s ability to do so was no longer affected by the influence of liquor. …”[23][23][2006] 1 Qd R 435 at 442.