SUPREME COURT OF QUEENSLAND
CITATION: R v Grimley [2000] QCA 64 PARTIES: R
v
GRIMLEY, Graham David
(applicant/appellant)FILE NO/S: CA No 362 of 1999
DC No 7 of 1999DIVISION: Court of Appeal PROCEEDING: Appeal against conviction and sentence ORIGINATING COURT: District Court at Stanthorpe
DELIVERED ON: 14 March 2000 DELIVERED AT: Brisbane HEARING DATE: 3 March 2000 JUDGES: Pincus JA, Davies JA, McPherson JA
Joint reasons for judgment of Pincus and Davies JJA; separate reasons of McPherson JA dissenting in partORDER: Appeal against conviction dismissed;
Application for leave to appeal against sentence granted; appeal allowed by substituting a sentence of 1 year and 8 months for the sentence of 2 years and 6 months imposed by the learned sentencing judge.
CATCHWORDS: CRIMINAL LAW – CRIMINAL LIABILITY AND CAPACITY – DEFENCE MATTERS – ACCIDENT – GENERALLY – appellant convicted of grievous bodily harm by punching victim and breaking his jaw – appellant described injury as "the accident" – in previous trial said meant "incident" not "accident" – whether defence of accident should have been left to jury
Criminal Code s 23(1)(a), s 23(1)(b)
Falconer v The Queen (1990) 171 CLR 30, discussed
Griffiths (1994) 69 ALJR 77, distinguished
Griffiths CA No 292 of 1993, 20 December 1993, mentioned
Kaporonowski v The Queen (1973) 133 CLR 209, discussedTaiters, ex parte Attorney-General [1997] 1 Qd R 333, discussed
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – SUMMING-UP – whether possible defence not argued by counsel should have been left to jury
Falconer v The Queen (1990) 171 CLR 30, discussed
Howe (1981) 55 ALJR 5, discussed
Payne [1970] Qd R 260, discussedTaiters, ex parte Attorney-General [1997] 1 Qd R 333, discussed
West CA No 288 of 1996, 26 November 1996, mentioned
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – whether sentence too heavy
Camm [1999] QCA 101; CA No 431 of 1998, 1 April 1999
Dodd CA No 241 of 1998, 17 September 1998
Partridge CA No 561 of 1996, 18 March 1997Silvester CA No 101 of 1998, 5 June 1998
COUNSEL: Mr P J Callaghan for the applicant/appellant
Mr R G Martin for the respondentSOLICITORS: Carew McKimmie for the applicant/appellant
Director of Public Prosecutions (Queensland) for the respondent
PINCUS AND DAVIES JJA: The appellant appeals against his conviction on a charge of having unlawfully done grievous bodily harm to one Zidar and applies for leave to appeal against his sentence. The Crown case was that for no good reason the appellant punched Zidar in the jaw, breaking it. Zidar described the force of the blow as being "Enough to knock me down. Break me jaw in two places". The medical evidence was that the injury was consistent with Zidar's description of the way it was sustained.
Police came to the caravan park where this incident occurred and interviewed the appellant who told them, according to the Crown evidence, that he hit "the guy…
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- AGLC
- R v Grimley [2000] QCA 64
- Case
- [2000] QCA 64
- Decision Date
CaseChat Overview and Summary
The legal issue before the court was whether the defence of accident should have been left to the jury. The appellant had previously stated that when he referred to the injury as "the accident," he meant "incident" rather than "accident." The court had to decide whether this statement should have been left to the jury to determine if the appellant had an honest and reasonable belief that the incident was accidental. The court found that the defence of accident was not available to the appellant as a matter of law and should not have been left to the jury.
The court held that the appellant's previous statement did not provide an honest and reasonable belief that the incident was accidental. The court found that the appellant had intentionally punched the victim and that the defence of accident was not applicable. The appeal against the conviction was dismissed. However, the court granted the application for leave to appeal against the sentence. The appeal against the sentence was allowed, and a sentence of 1 year and 8 months was substituted for the sentence of 2 years and 6 months imposed by the learned sentencing judge.
The court's final orders were that the appeal against the conviction was dismissed, and the application for leave to appeal against the sentence was granted. The appeal against the sentence was allowed, and a sentence of 1 year and 8 months was substituted for the sentence of 2 years and 6 months imposed by the learned sentencing judge.
Orders
Orders of the court
Appeal against conviction dismissed;
Application for leave to appeal against sentence granted; appeal allowed by substituting a sentence of 1 year and 8 months for the sentence of 2 years and 6 months imposed by the learned sentencing judge.
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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