SUPREME COURT OF QUEENSLAND
CITATION:
R v Coomer [2010] QCA 6
PARTIES:
R
v
COOMER, Keith Seymour
(appellant)FILE NO/S:
CA No 185 of 2009
DC No 73 of 2009DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
District Court at Southport
DELIVERED ON:
5 February 2010
DELIVERED AT:
Brisbane
HEARING DATE:
4 December 2009
JUDGES:
Keane and Holmes JJA and Margaret Wilson J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
Appeal against conviction dismissed
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE – APPEAL DISMISSED – where appellant convicted by jury of one count of doing grievous bodily harm – where complainant and second witness for the Crown gave several versions of incident – where third witness for the Crown gave version of incident inconsistent with second witness – whether inconsistency rendered third witness' evidence unreliable
CRIMINAL LAW – GENERAL MATTERS – DEFENCE MATTERS – OTHER MATTERS – where appellant alleged evidence fit for jury's consideration of defences of accident and provocation – where appellant alleged learned trial judge erred in not directing jury to consider defences – whether learned trial judge so erred
Criminal Code 1899 (Qld), s 1, s 23, s 620, s 668E
Dhanhoa v The Queen (2003) 217 CLR 1; [2003] HCA 40, cited
Fingleton v The Queen (2005) 227 CLR 166; [2005] HCA 34, cited
Kaporonovski v The Queen (1973) 133 CLR 209; [1973] HCA 35, applied
M v The Queen (1994) 181 CLR 487; [1994] HCA 63, cited
MFA v The Queen (2002) 213 CLR 606; [2002] HCA 53, cited
Pemble v The Queen (1971) 124 CLR 107; [1971] HCA 20, cited
R v Chai (2002) 187 ALR 436; [2002] HCA 12, cited
R v Drier [2006] QCA 237, cited
R v PAH [2008] QCA 265, cited
RPS v The Queen (2000) 199 CLR 620; [2000] HCA 3, cited
Stevens v The Queen (2005) 227 CLR 319; [2005] HCA 65, distinguished
The Queen v Soma (2003) 212 CLR 299; [2003] HCA 13, cited
Van Den Hoek v The Queen (1986) 161 CLR 158; [1986] HCA 76, citedCOUNSEL:
S J Hamlyn-Harris for the appellant
M R Byrne SC for the respondentSOLICITORS:
Legal Aid Queensland for the appellant
Director of Public Prosecutions (Queensland) for the respondent
KEANE JA: On 23 July 2009 the appellant was convicted upon the verdict of a jury of one count of doing grievous bodily harm. The appellant was sentenced to three years imprisonment; 23 July 2010 was fixed as his parole release date.
The appellant seeks to appeal against his conviction on two broad grounds:
(a) that the jury could not have been reasonably satisfied of the appellant's guilt beyond reasonable doubt because of discrepancies in the Crown case;
(b) that the…
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- R v Coomer [2010] QCA 6
- Case
- [2010] QCA 6
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CaseChat Overview and Summary
The court was tasked with determining whether the inconsistencies in the evidence rendered the third witness' testimony unreliable, thereby impacting the reasonableness of the jury's verdict. Additionally, the court had to consider whether the trial judge was correct in not directing the jury to consider the defences of accident and provocation, and if such an omission constituted an error. The appellant's appeal against the conviction hinged on these legal issues.
The court found that despite the inconsistencies in the witnesses' accounts, the jury's verdict was not unreasonable or insupportable in light of the evidence presented. The court held that the inconsistencies did not render the third witness' evidence unreliable to the extent that it affected the verdict. Furthermore, the court determined that the trial judge did not err in not directing the jury to consider the defences of accident and provocation, as the evidence did not sufficiently support these defences. Consequently, the appeal against the conviction was dismissed.
The final orders of the court were to dismiss the appeal against the conviction. The appellant's arguments regarding the reliability of the third witness' evidence and the trial judge's direction to the jury on defences were not upheld. The court affirmed the jury's verdict and the conviction.
Orders
Orders of the court
Appeal against conviction 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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