SUPREME COURT OF QUEENSLAND
CITATION:
R v Dean [2009] QCA 309
PARTIES: R
v
DEAN, Daniel Craig
(appellant)FILE NO/S: CA No 53 of 2009
SC No 49 of 2008DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction – Delivery of reasons
ORIGINATING COURT:
Supreme Court at Mackay
DELIVERED ON:
Orders delivered 15 September 2009
Reasons delivered 16 October 2009DELIVERED AT:
Brisbane
HEARING DATE:
15 September 2009
JUDGES:
McMurdo P, Fraser JA and Cullinane J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS: Delivered ex tempore 15 September 2009
1. Appeal allowed.
2. Conviction set aside.
3. New trial ordered.
CATCHWORDS: CRIMINAL LAW – APPEAL AND NEW TRIAL – MISCARRIAGE OF JUSTICE – PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE – MISDIRECTION OR NON-DIRECTION – NON-DIRECTION – where the appellant relied on self-defence in s 271(1) Criminal Code 1899 (Qld) – where the Crown argued that the appellant had ‘provoked’ the punch from the deceased that the appellant sought to rely on for self-defence – where the trial judge gave general directions on self-defence but did not give any direction as to the meaning of ‘provoked’ in s 271 – where the trial judge did not direct the jury as to the meaning of ‘assault’ in s 271 – whether the jury might have concluded that something less than provocation as it is defined in s 268 is sufficient for the purposes of s 271 – whether the trial judge should have directed the jury on the meaning of ‘assault’ – whether the appellant suffered a miscarriage of justice
CRIMINAL LAW – APPEAL AND NEW TRIAL – MISCARRIAGE OF JUSTICE – PARTICULAR CIRCUMSTANCES NOT AMOUNTING TO MISCARRIAGE – MISDIRECTION OR NON-DIRECTION – where the trial judge did not direct the jury as to the existence and application of s 272 Criminal Code 1899 (Qld) – where defence counsel did not ask that such a direction be given – where the trial judge alluded to the actual beliefs of the appellant when directing the jury as to the test under s 271(1) – whether a s 272 defence was open on the evidence and the trial judge was obliged to direct the jury accordingly – whether the trial judge incorrectly imported a subjective element into the objective test in s 271(1) as to whether the degree of force used was reasonably necessary – whether the appellant suffered a miscarriage of justice
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – IMPROPER ADMISSION OR REJECTION OF EVIDENCE – OTHER CASES – where trial judge admitted evidence of the appellant’s aggressive behaviour towards others which was unrelated to the deceased – where appellant argued that this amounted to disposition or tendency evidence and was inadmissible – whether such evidence was admissible
CRIMINAL LAW – CRIMINAL LIABILITY AND CAPACITY – DEFENCE MATTERS – DEFENCE OF PERSONS OR PROPERTY – ACCUSED ORIGINAL AGGRESSOR – whether the defence of self-defence is defeated where…
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- AGLC
- R v Dean [2009] QCA 309
- Case
- [2009] QCA 309
- Decision Date
CaseChat Overview and Summary
The central legal issues in the appeal were whether the trial judge's failure to define 'provoked' in s 271 of the Criminal Code 1899 (Qld) and 'assault' in s 271 amounted to a misdirection or non-direction that prejudiced the appellant. Additionally, it was argued that the trial judge should have directed the jury on the meaning of 'assault' and whether the trial judge's allusion to the actual beliefs of the appellant in the context of s 271(1) was appropriate. The Court considered whether the omission of a direction on s 272 of the Criminal Code, which addresses the existence and application of a defence of self-defence, was an error that required a new trial.
The Court of Appeal found that the trial judge's failure to direct the jury on the meaning of 'provoked' and 'assault' constituted a significant non-direction that likely prejudiced the appellant. The Court held that the omission of a direction on s 272 of the Criminal Code was also an error, as it was arguable that the defence of self-defence was open on the evidence. The Court concluded that these errors were substantial enough to warrant a new trial, as the jury might have reached a different conclusion had they been properly directed. The Court also found that the admission of evidence regarding the appellant's aggressive behaviour towards others was not prejudicial to the appellant's case.
Accordingly, the Court allowed the appeal, set aside the conviction, and ordered a new trial for the appellant.
Orders
Orders of the court
1. Appeal allowed.
2. Conviction set aside.
3. New trial ordered.
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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