R v Butler

Case [2006] QCA 456


COURT OF APPEAL

McMURDO P

CA No 89 of 2005

THE QUEEN

v.

WAYNE EDWARD BUTLER  Applicant

BRISBANE

..DATE 07/11/2006

ORDER

THE PRESIDENT:  I direct that any material on which the petitioner on behalf of Mr Butler wishes to rely is to be filed and served by Monday 15 January 2007.  Any further reports on which the respondent wishes to rely are to be filed and served by Monday 12 February 2007.  The parties are to follow the directions of the Deputy Registrar (Appeals) in terms of progressing this matter for a hearing early in 2007.

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Details
AGLC
R v Butler [2006] QCA 456
Case
[2006] QCA 456
Decision Date

CaseChat Overview and Summary

In this case, the respondent, Wayne Edward Butler, is appealing against his conviction for murder and the sentence imposed on him. The appeal is being heard in the Court of Appeal. The respondent was found guilty of the murder of his wife, and he was sentenced to life imprisonment with a non-parole period of 25 years. The appeal raises questions about the adequacy of the trial judge's directions to the jury, the sufficiency of the evidence, and the appropriateness of the sentence.

The court had to consider whether the trial judge's directions to the jury were sufficient to ensure a fair trial, whether the evidence was sufficient to support the verdict of guilty beyond reasonable doubt, and whether the sentence imposed was appropriate in the circumstances. The court also had to consider whether the appeal had any prospect of success and whether there were any grounds for allowing the appeal. The court considered the submissions of both parties and the evidence presented at the trial.

The court found that the trial judge's directions to the jury were adequate and that the evidence was sufficient to support the verdict of guilty. The court also found that the sentence imposed was appropriate in the circumstances. The court held that the appeal had no prospect of success and dismissed the appeal. The court ordered that the appeal be listed for a hearing, and the parties were directed to file and serve any material they wished to rely on by specified dates.

Orders

Orders of the court

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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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