SUPREME COURT OF QUEENSLAND
CITATION:
R v Forsythe [2013] QCA 314
PARTIES:
R
v
FORSYTHE, Bevan Carl
(appellant)FILE NO/S:
CA No 50 of 2013
SC No 169 of 2012
SC No 57 of 2013
SC No 67 of 2013DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
25 October 2013
DELIVERED AT:
Brisbane
HEARING DATE:
21 August 2013
JUDGES:
Holmes and Morrison JJA and North J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
The appeal against conviction is dismissed.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE – APPEAL DISMISSED – where the appellant was convicted of one count of murder and one count of attempted murder – where after an earlier dispute the appellant returned to a party with a loaded gun and shot two guests, one fatally – where the appellant submitted that the verdicts were unreasonable because of inconsistencies between the recollections of guests at the party, leaving open the possibility raised by his evidence, that the gun was inadvertently discharged in the course of a struggle – where the appellant submitted that no motive had been established and that his conduct was consistent with an intention to intimidate rather than to kill or do grievous bodily harm – whether it was open to the jury on the whole of the evidence to be satisfied beyond a reasonable doubt of the appellant’s guilt – whether the verdicts were unreasonable
CRIMINAL LAW – APPEAL AND NEW TRIAL – MISCARRIAGE OF JUSTICE – PARTICULAR CIRCUMSTANCES NOT AMOUNTING TO MISCARRIAGE – MISDIRECTION OR NON-DIRECTION – where the appellant was convicted of one count of murder and one count of attempted murder – where the trial judge directed the jury on the excuse of accident under s 23(1)(a) of the Criminal Code – where defence counsel at trial expressly declined to seek any direction under s 23(1)(b) of the Criminal Code – where on appeal, the appellant submitted both limbs of s 23(1) should have been left to the jury, because his evidence had been that he did not intend to discharge the firearm, and that he did not foresee the shooting of anyone – where there was no evidence which raised accident in any context other than that of an unwilled act under s 23(1)(a) – where the relevant act was the appellant’s discharge of the gun – whether, if that were a willed act, there was any possibility that the result of grievous bodily harm or death was not foreseeable – whether the trial judge erred in not directing the jury on s 23(1)(b) – whether, even if such a direction were required, there was any substantial miscarriage of justice so as to preclude the application of the proviso
Criminal Code 1899 (Qld), s 23(1), s 668E(1A)
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- R v Forsythe [2013] QCA 314
- Case
- [2013] QCA 314
- Decision Date
CaseChat Overview and Summary
The court examined the evidence and concluded that it was open to the jury to be satisfied beyond a reasonable doubt of the appellant's guilt. The inconsistencies in the guests' recollections did not undermine the overall evidence presented, which was sufficient to support the jury's verdicts. Furthermore, the court found that the appellant's conduct, along with the nature of the injuries inflicted, demonstrated an intention to cause death or grievous bodily harm, contrary to his claims of merely intending to intimidate. The court also addressed the appellant's argument regarding the trial judge's direction to the jury on the excuse of accident under s 23(1)(a) of the Criminal Code. The appellant argued that both limbs of s 23(1) should have been left to the jury, but the court found that there was no evidence suggesting that the shooting was anything other than an unwilled act. Consequently, the court held that there was no substantial miscarriage of justice that would preclude the application of the proviso.
In conclusion, the court dismissed the appeal against conviction. The appellant's submissions regarding the reasonableness of the verdicts and the trial judge's direction to the jury were not successful. The evidence presented at trial was sufficient to support the jury's findings, and there was no miscarriage of justice that would warrant a new trial.
Orders
Orders of the court
The appeal against conviction is 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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