R v Condon

[2010] QCA 117

SUPREME COURT OF QUEENSLAND

CITATION:

R v Condon [2010] QCA 117

PARTIES:

R
v
CONDON, Christopher Gerard
(appellant)

FILE NO/S:

CA No 253 of 2009
DC No 114 of 2009

DIVISION:

Court of Appeal

PROCEEDING:

Appeal against Conviction

ORIGINATING COURT:

District Court at Townsville

DELIVERED ON:

21 May 2010

DELIVERED AT:

Brisbane

HEARING DATE:

8 February 2010

JUDGES:

McMurdo P, Fraser and Chesterman JJA
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:

1.        Appeal against conviction allowed.

2.        Conviction set aside.

3.        Re-trial ordered.

CATCHWORDS:

CRIMINAL LAW – GENERAL MATTERS – CRIMINAL LIABILITY AND CAPACITY – DEFENCE MATTERS – ACCIDENT – EVENT OCCURING BY ACCIDENT OR CHANCE – DIRECTIONS TO JURY – appellant convicted of doing grievous bodily harm – appellant hit complainant – complainant's jaw was broken – trial judge directed jury that defence of accident under s 23 Criminal Code 1899 (Qld) is negatived if person in position of appellant would reasonably have foreseen the "event" as a possible outcome of act – trial judge identified "event" as serious injury amounting to grievous bodily harm rather than actual injury suffered by complainant – whether a properly instructed jury would inevitably have concluded beyond reasonable doubt that prosecution negated accident under s 23 – whether miscarriage of justice

CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE – complainant gave inconsistent statements – complainant's account of events consistent with doctor's evidence and independent unchallenged witness – whether open to a properly instructed jury to be satisfied beyond reasonable doubt that the appellant was guilty of the offence of doing grievous bodily harm – whether verdict unreasonable or cannot be supported having regard to the evidence

Criminal Code 1899 (Qld), s 23, s 668E(1)

M v The Queen (1994) 181 CLR 487; [1994] HCA 63, cited
MFA v The Queen (2002) 213 CLR 606; [2002] HCA 53, cited
R v Taiters; ex parte Attorney-General [1997] 1 Qd R 333; [1996] QCA 232, applied
Weiss v The Queen (2005) 224 CLR 300; [2005] HCA 81 cited

COUNSEL:

J Henry for the appellant
M B Lehane for the respondent

SOLICITORS:

Anderson Telford Lawyers for the appellant
Director of Public Prosecutions (Queensland) for the respondent

1. McMURDO P: The appellant, Christopher Gerard Condon, was convicted in the Townsville District Court on 1 September 2009 of doing grievous bodily harm to the complainant on 1 March 2008.  He was sentenced to two years imprisonment with an order that he be released on immediate parole and that he pay $10,000 compensation to the complainant.  He appeals only against his conviction.  His counsel in this appeal, Mr Henry SC, contends that the primary judge erred in directing the jury on accident (s 23 Criminal Code 1899 (Qld)). The judge, Mr Henry submits, erred in identifying "the event" in s 23 as an injury amounting to grievous bodily harm, rather than identifying "the event" as…