R v Graham

In this appeal, the appellant, Mr Graham, contested his conviction for attempted murder and sought leave to appeal his sentence. The central issues revolved around whether the trial judge misdirected the jury on the defence of self-defence and whether the judge should have directed the jury on the defence of mistake. Additionally, Mr Graham argued that the sentence imposed was manifestly excessive.

The court examined the evidence presented during the trial, which showed a confrontation between Mr Graham and another man, Mr Teamo, at a busy shopping centre. Both men were armed, and the incident resulted in shots being fired, injuring both Mr Teamo and an innocent bystander. The trial judge had provided detailed directions to the jury on self-defence, and no redirection was sought at trial. The court found no error in the trial judge's summing up, as the directions provided were correct and the jury was adequately guided on the issue of assault and self-defence.

Further, the court held that there was no evidentiary basis for the jury to consider the defence of mistake under section 24 of the Criminal Code. The trial judge was not required to direct the jury on this defence, and the failure of defence counsel to raise it did not constitute an error. The appeal against the conviction was dismissed.

Regarding the sentence, the court found that the 12 years and three months’ imprisonment imposed was appropriate given the gravity of the offence. The sentencing judge considered the overall criminality of the offences, the use of a firearm in a crowded public place, and the lack of remorse shown by Mr Graham. The court concluded that the sentence was not manifestly excessive, and the application for leave to appeal the sentence was refused.

The final orders of the court were to dismiss the appeal against conviction and to refuse leave to appeal the sentence.