SUPREME COURT OF QUEENSLAND
CITATION:
R v Goldsworthy, Goldsworthy & Hill [2016] QSC 220
PARTIES:
THE QUEEN
v
WADE LEE GOLDSWORTHY, BLAKE NATHAN GOLDSWORTHY and MATTHEW JOHN HILLFILE NO/S:
Indictment No 203 of 2015
DIVISION:
Trial Division
PROCEEDING:
Trial
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
26 September 2016
DELIVERED AT:
Brisbane
HEARING DATE:
12 – 16, 19 – 22 September 2016
JUDGE:
Burns J
RULING:
1. Wade Lee Goldsworthy has a case to answer on the indictment.
2. Blake Nathan Goldsworthy has no case to answer on the indictment, and the jury will be directed to return a verdict of not guilty.
3. Matthew John Hill has a case to answer on the indictment.
CATCHWORDS:
CRIMINAL LAW – EVIDENCE – MATTERS RELATIING TO PROOF – PRIMA FACIE CASE OR CASE TO ANSWER – where three co-accused were charged with manslaughter – where their trials were heard together – where the deceased died following an altercation with one or more of the accused – where the trials were heard together – where at the close of the Crown case a no case submission was made on behalf of each accused – whether it was open on the evidence for the jury to find that the fatal blow was inflicted after the deceased went to ground – whether it was open on the evidence for the jury to find that the accused, or any one of them, substantially caused or contributed to the death of the deceased – whether it was open on the evidence for the jury to that find that the accused, or any one of them, aided the other or others to commit the offence of manslaughter
CRIMINAL LAW – GENERAL MATTERS – ANCILLIARY LIABILITY – COMPLICITY – AID, ABET, COUNSEL OR PROCURE – GENERALLY – where three co-accused were charged with manslaughter – where their trials were heard together – where at the close of the Crown case a no case submission was made on behalf of each accused – whether it was open on the evidence for the jury to find that the accused, or any one of them, was either a principal offender under s 7(1)(a) Criminal Code (Qld) or an aider under s 7(1)(b) or s 7(1)(c) Criminal Code (Qld)
JURY – FUNCTIONS OF JUDGE AND JURY – where three co-accused were charged with manslaughter – where their trials were heard together – where at the close of the Crown case a no case submission was made on behalf of each accused – where it was submitted that the testimony of a number of witnesses was unreliable or had been discredited – whether the case should be left to the jury
EVIDENCE – ADDUCING EVIDENCE – WITNESSES – GIVING EVIDENCE – CROSS-EXAMINATION – AS TO WHAT – PRIOR INCONSISTENT STATEMENTS – where three co-accused were charged with manslaughter – where their trials were heard together – where at the close of the Crown case a no case submission was made on behalf…
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- Case
- [2016] QSC 220
- Decision Date
CaseChat Overview and Summary
The court examined the evidence and considered the submissions made on behalf of each accused. It was determined that Matthew Hill could lawfully be convicted of manslaughter as it was open on the evidence for the jury to find that he substantially caused or contributed to the death of the deceased. Consequently, Matthew Hill had a case to answer on the indictment. However, with respect to Blake Goldsworthy, the court concluded that he did not have a case to answer on the indictment, and the jury was directed to return a verdict of not guilty with respect to him. The court found that Wade Goldsworthy and Matthew Hill had a case to answer on the indictment.
In summary, the court held that Matthew Hill could be convicted of manslaughter and had a case to answer on the indictment. Blake Goldsworthy did not have a case to answer on the indictment, and the jury was directed to return a verdict of not guilty with respect to him. Wade Goldsworthy and Matthew Hill had a case to answer on the indictment. The final orders of the court were that Matthew Hill could be convicted of manslaughter, Blake Goldsworthy was to be found not guilty, and Wade Goldsworthy and Matthew Hill had a case to answer on the indictment.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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