R v Fraser

[2001] QCA 187

SUPREME COURT OF QUEENSLAND

CITATION:

R v Fraser [2001] QCA 187

PARTIES:

R
v
FRASER, Leonard John
(appellant/applicant)

FILE NO/S:

CA No 262 of 2000
CA No 346 of 2000
SC No 406 of 2000

DIVISION:

Court of Appeal

PROCEEDING:

Appeal against conviction
Sentence application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

18 May 2001

DELIVERED AT:

Brisbane

HEARING DATE:

4 April 2001

JUDGES:

McMurdo P, White and Dutney JJ.
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDER:

Appeal against conviction dismissed

Application for leave to appeal against sentence refused

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – OBJECTIONS AND POINTS NOT RAISED IN COURT BELOW – IMPROPER ADMISSION OR REJECTION OF EVIDENCE – whether the admission of potentially prejudicial evidence should have resulted in the discharging of the jury.

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – MISCARRIAGE OF JUSTICE –CIRCUMSTANCES NOT INVOLVING MISCARRIAGE OR IN WHICH MISCARRIAGE NOT SUBSTANTIAL –IMPROPER ADMISSION OR REJECTION OF EVIDENCE – whether on the whole of the evidence there has been a substantial miscarriage of justice – whether prejudicial evidence affected the judgment of the jury such that the jury should have been discharged – whether the proviso is applicable.

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN REFUSED – PARTICULAR OFFENCES – SEXUAL OFFENCES – whether sentence of indefinite imprisonment justified.

Corrective Services Act 1988
Jury Act 1995 s 60(1)
Penalties and Sentences Act 1992 Part 10, s 163, s 165(1), s 169, s 170, s 171, s 173

Crofts v The Queen (1996) 186 CLR 427, considered
De Jesus v The Queen (1987) 61 ALRJ 1, referred to
The Queen v Fletcher CA No 243 of 1998, 25 September 1998, followed
Maric v R (1978) 20 ALR 513, referred to
R v Glennon (1992) 173 CLR 592, considered
R v Knape [1965] VR 469, considered
The Queen v Wilson CA Nos 200 of 1996 and 333 of 1996, 28 November 1997, followed
Webb and Hay v R (1993-4) 181 CLR 41, considered

Wilde v The Queen (1987-88) 164 CLR 365, distinguished

COUNSEL:

J Hunter for the appellant
P Rutledge for the respondent

SOLICITORS:

Legal Aid Queensland for the appellant
Director of Public Prosecutions (Queensland) for the respondent

1. McMURDO P:  I agree with White J that the appeal against conviction should be dismissed for the reasons she has given.

1. It was very regrettable that an apparently experienced police officer could jeopardise the fairness of a lengthy and consequently costly murder trial by referring to facts from which an inference could possibly be drawn that the appellant had been convicted of a criminal offence resulting in a substantial term of imprisonment.

1. Mr Robson gave…