SUPREME COURT OF QUEENSLAND
CITATION:
R v DBL [2017] QCA 71
PARTIES:
R
v
DBL
(appellant)FILE NO/S:
CA No 250 of 2016
DC No 1594 of 2015DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
District Court at Brisbane – Date of Conviction: 29 August 2016DELIVERED ON:
24 April 2017
DELIVERED AT:
Brisbane
HEARING DATE:
9 March 2017
JUDGES:
Morrison JA and Boddice and Dalton JJ
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
Appeal dismissed.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – INCONSISTENT VERDICTS – where the appellant was charged with five counts of assault following an episode of domestic violence – where the appellant was convicted at trial of three counts and acquitted on two counts – where the trial judge directed the jury to consider each verdict individually – where a Markuleski direction was given – where the test of inconsistency is a test of logic and reasonableness – where the appellant contended that the guilty verdicts could not be reconciled with the acquittal on two counts – whether the verdicts were not supported by evidence and were inconsistent
CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE – where the defence case was that one assault occurred and the prosecution’s case was that five assaults occurred – where the appellant did not give evidence at trial but a contemporaneous field recording was tendered – where the appellant contended that there was insufficient evidence for the jury to conclude that three assaults occurred – where the respondent submitted that the victim’s injuries were consistent with her having been hit more than once – where the appellant made admissions consistent with the jury’s verdict on the field tape – where counsel at trial argued those admissions were mistakes – whether a guilty verdict was open to the jury on counts 1, 3 and 5
CRIMINAL LAW – APPEAL AND NEW TRIAL – MISDIRECTION AND NON-DIRECTION – where the defence of provocation was raised early in the trial as being applicable to count one or count five – where counsel identified the alleged provocation and formal directions were given – where the jury asked for a clarification of the definition of provocation – where the trial judge refused to answer that question and asked for a more precise question – where the jury returned a verdict before asking a more precise question – where the jury’s question demonstrates misunderstanding of the defence of provocation – whether provocation was an issue going to the heart of the offence – whether the previous directions were adequate – whether the trial judge’s failure to further explain provocation caused a miscarriage of justice
Criminal Code (Qld), s 668E(1A)
Alameddine v R [2012] NSWCCA 63, considered
Festa v The Queen (2001) 208 CLR 593; [2001] HCA 72, followed
M v The Queen (1994)…
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- AGLC
- R v DBL [2017] QCA 71
- Case
- [2017] QCA 71
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the verdicts were inconsistent, whether they were supported by evidence, and whether there was a misdirection or non-direction on the defence of provocation. The court found that the verdicts were not inconsistent as a matter of logic and reasonableness, and that the evidence was sufficient to support the guilty verdicts. The court also found that the trial judge's failure to further explain the defence of provocation did not cause a miscarriage of justice.
The court reasoned that the test of inconsistency is a test of logic and reasonableness, and that the verdicts were not inconsistent. The court found that the evidence, including the victim's injuries and the appellant's admissions on the field tape, was sufficient to support the guilty verdicts. The court also found that the trial judge's failure to further explain the defence of provocation did not cause a miscarriage of justice as the jury had been given adequate directions on the defence and the defence was not an issue going to the heart of the offence.
The appeal was dismissed, and the convictions were upheld. The court found that the verdicts were not inconsistent, that the evidence was sufficient to support the guilty verdicts, and that the trial judge's failure to further explain the defence of provocation did not cause a miscarriage of justice.
Orders
Orders of the court
Appeal dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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