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 2000DIVISION: Court of Appeal PROCEEDING: Appeal against conviction
Sentence applicationORIGINATING 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 madeORDER: 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 173Crofts 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, consideredWilde v The Queen (1987-88) 164 CLR 365, distinguished
COUNSEL: J Hunter for the appellant
P Rutledge for the respondentSOLICITORS: Legal Aid Queensland for the appellant
Director of Public Prosecutions (Queensland) for the respondent
McMURDO P: I agree with White J that the appeal against conviction should be dismissed for the reasons she has given.
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.
Mr Robson gave…
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- AGLC
- R v Fraser [2001] QCA 187
- Case
- [2001] QCA 187
- Decision Date
CaseChat Overview and Summary
The court examined the evidence presented and concluded that while the admission of certain evidence might have been prejudicial, it did not constitute a substantial miscarriage of justice. The court found that the jury had been properly directed and that the prejudicial evidence did not affect the overall judgment of the jury. Furthermore, the court held that the proviso for discharging the jury was not applicable as the evidence was properly considered in the context of the whole case. Regarding the sentence, the court found no basis to reduce the sentence of indefinite imprisonment, given the nature and gravity of the offences committed.
Accordingly, the appeal against the conviction was dismissed, and the application for leave to appeal against the sentence was refused. The decision underscores the high threshold for discharging a jury due to prejudicial evidence and reinforces the courts' authority in imposing sentences for serious sexual offences.
Orders
Orders of the court
Appeal against conviction dismissed
Application for leave to appeal against sentence refused
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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