SUPREME COURT OF QUEENSLAND
CITATION:
R v Cole [2004] QCA 109
PARTIES:
R
v
COLE, John Stephen
(appellant/applicant)FILE NO/S:
CA No 434 of 2002
SC No 114 of 2002DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction & Sentence
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
16 April 2004
DELIVERED AT:
Brisbane
HEARING DATE:
16 March 2004
JUDGES:
Davies, McPherson and Williams JJA
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDER:
1. Appeal against conviction dismissed
2. Application for leave to appeal against sentence dismissedCATCHWORDS:
CRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE - JUDGMENT AND PUNISHMENT - SENTENCE - FACTORS TO BE TAKEN INTO ACCOUNT - CIRCUMSTANCES OF OFFENCE - where appellant was one of three people to rob a jewellery store - where appellant was convicted of attempted murder, armed robbery with circumstances of aggravation and unlawful use of a motor vehicle with a circumstance of aggravation - where appellant was sentenced to 19 years and three months imprisonment - whether the sentence was manifestly excessive in all the circumstances
CRIMINAL LAW - EVIDENCE - EVIDENTIARY MATTERS RELATING TO WITNESSES AND ACCUSED PERSONS - IDENTIFICATION EVIDENCE - MODES OF PROOF - PRIOR VISUAL IDENTIFICATION - GENERALLY - where jewellery store owners could not identify the persons who robbed their store - where circumstantial evidence was admitted in relation to the store owners' identification of the appellant from photos from a journalist as a man who previously entered the store pretending to be a prison officer - whether the evidence was inherently unreliable and highly prejudicial and should not have been admitted - whether the directions of the learned trial judge were inadequate to properly address the prejudice flowing from its admission
EVIDENCE - ADMISSIBILITY AND RELEVANCY - IN GENERAL - OTHER CASES - where evidence was provided inadvertently to the jury in circumstances where the prosecution had agreed not to produce the actual document in evidence - whether there was a miscarriage of justice due to the admission of prejudicial evidence
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 it was submitted that the learned trial judge failed to give adequate directions regarding lies that may have been told by the appellant - where it was submitted that the learned trial judge failed to properly direct and answer the jury's questions about alibi witnesses who gave evidence for the appellant - whether a failure to give adequate directions resulted in a miscarriage of justice
Criminal Code 1899 (Qld), s 7(1)(b)
Alexander v The Queen (1981) 145 CLR 395, applied
Festa v The Queen (2001) 208 CLR 593, appliedR v Macaulay [1995] QCA 137; CA No 540 of 1994, 11 April 1995, considered
R v Palmer & Hite [2002] QCA 346; CA No 21 of 2002,…
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- AGLC
- R v Cole [2004] QCA 109
- Case
- [2004] QCA 109
- Decision Date
CaseChat Overview and Summary
The court found that the trial judge did not err in admitting the circumstantial evidence of identification, despite the store owners' inability to identify the robbers directly. The court also found that the inadvertent evidence provided to the jury did not result in a miscarriage of justice, as the trial judge had given adequate directions to the jury to disregard the evidence. The court held that the sentence imposed was not manifestly excessive, taking into account the gravity of the offences and the need for general deterrence. The appeal against the conviction was dismissed, and the application for leave to appeal against the sentence was also dismissed.
In conclusion, the court upheld the appellant's conviction and sentence, finding that the trial judge had not erred in admitting certain evidence or in giving directions to the jury. The appeal against the conviction and sentence was dismissed, and the appellant's conviction and sentence were affirmed.
Orders
Orders of the court
1. Appeal against conviction dismissed
2. Application for leave to appeal against sentence 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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