SUPREME COURT OF QUEENSLAND
CITATION:
R v Franicevic [2010] QCA 36
PARTIES:
R
v
FRANICEVIC, Tony Ralph
(appellant)FILE NO/S:
CA No 285 of 2009
DC No 577 of 2009DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
District Court at GladstoneDELIVERED ON:
26 February 2010
DELIVERED AT:
Brisbane
HEARING DATE:
24 February 2010
JUDGES:
Keane and Fraser JJA and P Lyons J
Separate reasons for judgment of each member of the Court each concurring as to the orders madeORDERS:
1. Allow the appeal;
2. Set aside the conviction;
3. Order a new trial.
CATCHWORDS: CRIMINAL LAW – EVIDENCE – IDENTIFICATION EVIDENCE – WARNING ADVISABLE OR REQUIRED – ADEQUACY OF WARNING – GENERALLY – where the appellant was found guilty of armed robbery – where the appellant appealed on the ground that the verdict was unsafe and unsatisfactory – where the trial judge allowed a dock identification of the appellant – whether the trial judge gave adequate jury directions in relation to the dock identification of the appellant – whether the omission of further directions about the identification evidence amounted to a wrong decision on a question of law that constituted a ground of appeal under s 668E(1) Criminal Code 1899 (Qld)
CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE – APPEAL ALLOWED – whether the jury’s verdict was unreasonable or could not be supported by the evidence due to inconsistencies in the eye-witnesses accounts of the robber’s height and build – whether a new trial should be ordered or a verdict of acquittal entered
Criminal Code 1899 (Qld), s 668E(1), s 668E(1A)
Evidence Act 1977 (Qld), s 17, s 18, s 93A, s 101
Penalties and Sentences Act 1992 (Qld), s 13ADomican v The Queen (1992) 173 CLR 555; [1992] HCA 13, followed
McLellan v Bowyer (1961) 106 CLR 95; [1961] HCA 49, cited
R vBaira [2009] QCA 332, cited
R v Hadlow [1992] 2 Qd R 440, cited
R v Hayden and Slattery [1959] VR 102, cited
R v Kong[2009] QCA 34, cited
R v Lawrie [1986] 2 Qd R 502, cited
R v Leak [1969] SASR 172, cited
R v Parkinson [1990] 1 Qd R 382, cited
R v Taufahema (2007) 228 CLR 232; [2007] HCA 11, cited
R v Tyler [1994] 1 Qd R 675; [1992] QCA 170, citedCOUNSEL:
H C Fong for the appellant
M J Copley SC for the respondentSOLICITORS:
Legal Aid Queensland for the appellant
Department of Public Prosecutions (Queensland) for the respondent
KEANE JA: I have had the advantage of reading a draft of the reasons for judgment prepared by Fraser JA. I agree with those reasons and with the orders proposed by his Honour.
FRASER JA: After a two day trial in the District Court a jury found the appellant guilty of armed robbery. The trial judge, Samios DCJ, recorded a conviction and sentenced the…
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- R v Franicevic [2010] QCA 36
- Case
- [2010] QCA 36
- Decision Date
CaseChat Overview and Summary
The primary legal issues the court needed to address were whether the trial judge adequately directed the jury in relation to the dock identification of the appellant and whether the omission of further directions about the identification evidence amounted to a wrong decision on a question of law. Additionally, the court examined whether the jury's verdict was unreasonable or could not be supported by the evidence, considering the inconsistencies in the eye-witnesses' accounts of the robber's height and build.
The court determined that the trial judge's directions to the jury regarding the dock identification were insufficient. The judge failed to provide adequate warnings about the potential unreliability of such identifications, which is critical when considering the weight of such evidence. The court held that the omission amounted to a wrong decision on a question of law, which constituted a ground of appeal. Furthermore, the court found that the inconsistencies in the eye-witnesses' accounts undermined the reliability of the evidence, making the jury's verdict unreasonable. Consequently, the appeal was allowed, the conviction set aside, and a new trial ordered.
The court's final orders were to allow the appeal, set aside the conviction, and order a new trial. This decision underscores the importance of proper jury directions in cases involving dock identifications and highlights the necessity for courts to ensure that verdicts are supported by reliable and consistent evidence.
Orders
Orders of the court
1. Allow the appeal;
2. Set aside the conviction;
3. Order a new trial.
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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