IN THE COURT OF APPEAL [1999] QCA 071
SUPREME COURT OF QUEENSLAND
CA No 309 of 1998
CA No 318 of 1998
CA No 352 of 1998
Brisbane
[R v. Griffin and Dunkerton]
THE QUEEN
v.
BARRY MILLIAN GRIFFIN
and
MALCOLM STEPHEN DUNKERTON(Applicants) Appellants
McMurdo P
Davies JA
Wilson J
Judgment delivered 19 March 1999
Joint reasons for judgment of McMurdo P and Wilson J; separate reasons for judgment of Davies JA concurring as to the orders made.
IN EACH CASE, THE APPEAL AGAINST CONVICTION IS DISMISSED, AND THE APPLICATION FOR LEAVE TO APPEAL AGAINST SENTENCE IS REFUSED.
CATCHWORDS: Criminal Law - Offences against the person - manslaughter - incompetence of counsel - whether unsafe and unsatisfactory - s 8 Criminal Code
Sentence - whether manifestly excessive - deterrence - whether effect of s 166 Corrective Services Act 1988 should be taken into account in imposing head sentence
Criminal Code, s 8
Penalties and Sentences Act 1992, Pt 9A
Corrective Services Act 1988, s 166R v Barlow CA No 370 of 1994, unreported, 6 February 1998
R v Couch CA No 37 of 1992, unreported, 16 July 1992
R v Paddon CA No 122 of 1998, unreported, 28 August 1998
R v Whelan CA No 144 of 1990, unreported, 5 October 1990
Counsel:The applicant/appellant Griffin appeared on his own behalf and was also represented by his co-appellant, Dunkerton.
The applicant/appellant Dunkerton appeared on his own behalf.
Mr M.J. Byrne QC for the respondent.
Solicitors:Director of Public Prosecutions (Queensland) for the respondent.
Hearing Date: 1 March 1999
REASONS FOR JUDGMENT - McMURDO P AND WILSON J
Judgment delivered 19 March 1999
The appellants pleaded not guilty to murdering Gavin Duane Maskell on 22 August 1997. Each was found not guilty of murder, but guilty of manslaughter.
Each appellant appeals against his conviction and also seeks leave to appeal against sentence on the grounds that the sentence was manifestly excessive. The appellant Griffin, although present, requested that he be represented by his co-accused Dunkerton and the court gave the necessary leave.
The facts
The deceased worked out of a shed at Meakin Road, Kingston, not far from the appellants' home in Queens Road, Kingston. On the evening of 22 August 1997, he had left his partner after an argument, screeching away in his car. Dunkerton and Griffin shared a house with their partners and small children. Dunkerton heard a car doing burnouts in and near their yard and woke up Griffin. They investigated on foot and met up with Griffin's brother, Kevin, in his vehicle at the corner of Queens and Meakin Roads. They told him about the burnouts and Kevin joined their investigation. Kevin drove down an alleyway leading to the deceased's shed and the appellants followed on foot. It was about 9 p.m. and the deceased, his friend David Potter, and Potter's girlfriend Sharee Fredericks were in the shed drinking alcohol. Fredericks' six week old child was also present. They heard Kevin Griffin's car "revving" in the…
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- AGLC
- R v Griffin & Dunkerton [1999] QCA 71
- Case
- [1999] QCA 71
- Decision Date
CaseChat Overview and Summary
Davies JA considered that the trial judge did not misdirect the jury on the subjective component of self-defence but did not adequately explain the objective component. However, the court found that the error, while significant, did not amount to a substantial miscarriage of justice. The jury's verdict was based on the appellants' actions and the circumstances leading up to the shooting, indicating that they had considered the self-defence plea. The court held that the misdirection did not influence the outcome and the convictions should stand. Additionally, the court found that the sentences were not manifestly excessive, and thus, leave to appeal against sentence was refused.
Orders
Orders of the court
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Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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