SUPREME COURT OF QUEENSLAND
CITATION:
R v Clark [2013] QCA 333
PARTIES:
R
v
CLARK, Peter Charles
(appellant)FILE NO/S:
CA No 234 of 2012
SC No 702 of 2011DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
8 November 2013
DELIVERED AT:
Brisbane
HEARING DATE:
30 October 2013
JUDGES:
Margaret McMurdo P, Gotterson JA and McMeekin J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
The appeal against conviction is dismissed.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE – APPEAL DISMISSED – where the appellant pleaded not guilty to murder but guilty to manslaughter – where the plea of guilty was not accepted by the prosecution – where the appellant was convicted of murder after a six day trial – where the appellant had a dispute with his wife and struck and stabbed her numerous times with a golf club – where counsel for the appellant submitted that he was provoked – where the appellant in person submitted that the trial was not a fair one, that his counsel failed to cross examine witnesses in accordance with his instructions and that certain witnesses were not brought forward – whether the verdict was unreasonable or cannot be supported having regard to the evidence – whether it was open to the jury to be satisfied beyond reasonable doubt that the claimed provocative acts could not have caused an ordinary person to lose control and act as the defendant acted
Criminal Code 1899 (Qld), s 304, reprint 7M
Criminal Code and Other Legislation Amendment Act 2011 (Qld), s 5Masciantonio v The Queen (1995) 183 CLR 58; [1995] HCA 67, followed
MFA v The Queen (2002) 213 CLR 606; [2002] HCA 53, cited
Pollock v The Queen (2010) 242 CLR 233; [2010] HCA 35, cited
Van Den Hoek v The Queen (1986) 161 CLR 158; [1986] HCA 76, citedCOUNSEL:
A Hoare for the appellant (pro bono)
M B Lehane for the respondentSOLICITORS:
No appearance for the appellant
Director of Public Prosecutions (Queensland) for the respondent
MARGARET McMURDO P: I agree with McMeekin J’s reasons for dismissing this appeal against conviction.
GOTTERSON JA: I agree with the order proposed by McMeekin J and with the reasons given by his Honour.
McMEEKIN J: The appellant, Peter Charles Clark, was arraigned on 16 August 2012 on the charge of murdering his wife at Coomera on 12 October 2010. He pleaded not guilty to murder but guilty to manslaughter. The guilty plea was not accepted by the prosecution. He was convicted of murder on 23 August 2012 after a six day jury trial. He has appealed against his conviction. The sole ground of appeal as set out in the notice of appeal is:
“The verdict is unreasonable or cannot be supported having regard to the evidence”.
Upon…
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- R v Clark [2013] QCA 333
- Case
- [2013] QCA 333
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the verdict was unreasonable or could not be supported considering the evidence presented. Additionally, the court needed to determine if it was open to the jury to conclude, beyond reasonable doubt, that the alleged provocative acts could not have caused an ordinary person to lose control and respond as the appellant did. The court had to weigh the appellant's arguments regarding the fairness of the trial, the adequacy of his legal representation, and the failure to call certain witnesses against the evidence and the jury's findings.
In dismissing the appeal, the court meticulously reviewed the evidence and the submissions made by both parties. It found that the jury's conclusion was supported by the evidence and that the appellant's arguments about provocation and the fairness of the trial did not undermine the verdict. The court held that the jury was entitled to be satisfied beyond reasonable doubt that the appellant's actions were not the result of a loss of self-control due to provocation. Consequently, the appeal against the conviction was dismissed.
The final orders of the court were to dismiss the appeal against the conviction. This outcome meant that the appellant's conviction for murder, as determined by the jury, was upheld. The court's decision underscored the importance of the jury's role in evaluating the evidence and the credibility of the witnesses in criminal trials.
Orders
Orders of the court
The appeal against conviction is 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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