SUPREME COURT OF QUEENSLAND
CITATION:
R v Faulkner [2017] QCA 301
PARTIES:
R
v
FAULKNER, Dennis Hecta Tipene
(appellant/applicant)FILE NO/S:
CA No 152 of 2017
DC No 427 of 2016DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction & Sentence
ORIGINATING COURT:
District Court at Southport – Date of Conviction: 14 June 2017; Date of Sentence 16 June 2017 (Kent QC DCJ)
DELIVERED ON:
8 December 2017
DELIVERED AT:
Brisbane
HEARING DATE:
1 December 2017
JUDGES:
Fraser and Morrison JJA and Henry J
ORDERS:
1. The appeal is allowed.
2. The conviction entered on 14 June 2017 and the orders made on 16 June 2017 are set aside.
3. A new trial is ordered.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – MISDIRECTION OR NON-DIRECTION – where the appellant was convicted after trial of one count of grievous bodily harm – where the appellant was sentenced to two years and six months’ imprisonment, suspended after 12 months, with an operational period of three years – where the appellant appeals against his conviction and seeks leave to appeal against his sentence – where the conviction appeal is brought on the grounds that a miscarriage of justice resulted from the learned trial judge’s response to a jury question about self-defence, that re-directions on the issue of self-defence caused the appellant to be denied procedural fairness and that the learned trial judge failed to direct the jury with respect to pre-emptive strike – where the offence was captured on CCTV footage – where the footage shows a series of interactions between the appellant and complainant spanning some minutes – where the jury inquired as to the point in time at which self-defence must be proven – where the learned trial judge suggested that self-defence must be in response to an immediate threat – where the learned trial judge’s commentary would have been received as a direction, causing the jury to confine their consideration of self-defence to the period immediately before the offence – whether there has been a miscarriage of justice – whether a re-trial is necessary
Criminal Code (Qld), s 271
R v Beetham[2014] QCA 131, cited
R v De Silva (2007) 176 A Crim R 238; [2007] QCA 301, applied
R v Muratovic [1967] Qd R 15, followed
R v Pangilinan [2001] 1 Qd R 56; [1999] QCA 528, cited
Zecevic v Director of Public Prosecutions (Vic) (1987) 162 CLR 645; [1987] HCA 26, followedCOUNSEL:
M L Longhurst for the appellant/applicant
C N Marco for the respondentSOLICITORS:
Donnelly Law Group for the appellant/applicant
Director of Public Prosecutions (Queensland) for the respondent
FRASER JA: I agree with the reasons for judgment of Morrison JA and the orders proposed by his Honour.
MORRISON JA: In the course of an altercation between himself and the complainant, Mr Faulkner, a security guard at a hotel, punched the complainant and broke his jaw.
On 14 June 2017 he was convicted after a trial…
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- AGLC
- R v Faulkner [2017] QCA 301
- Case
- [2017] QCA 301
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
1. The appeal is allowed.
2. The conviction entered on 14 June 2017 and the orders made on 16 June 2017 are set aside.
3. A new trial is 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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