R v Hegarty & Hegarty

[2001] QCA 26

COURT OF APPEAL

McPHERSON JA
MACKENZIE J
MULLINS J

CA 216 of 2000
CA 217 OF 2000

THE QUEEN

BRENTON SHANE HEGARTY and
DAVID LESLIE HEGARTY

BRISBANE

..DATE 09/02/2001

JUDGMENT

McPHERSON JA: When those matters were called on this morning neither Brenton Shane Hegarty nor David Leslie Hegarty responded to the call.

We noticed they were convicted in Mt Isa of offences arising out of the events in Cloncurry, so it is not perhaps surprising that they should not have attended, particularly having regard to the fact that the sentence in each case was of some hours only of community service.

In all the circumstances, having looked at the record and found nothing that would justify interfering with either the conviction or the sentence, the course that should be adopted is that the appeal against conviction and sentence by Brenton Hegarty should be dismissed; and the appeal against conviction by David Hegarty should also be dismissed.

MACKENZIE J: Yes, I agree. I would simply put on the record that it was open to the jury to accept the evidence of the witness, Miss Burke, as to concert and there was no reason demonstrated in the record as to why the jury could not do that. I agree with the orders proposed.

MULLINS J: I agree.

McPHERSON JA: The orders will be as I stated them.

CaseChat Overview and Summary

The case of R v Hegarty & Hegarty involved the defendants Brenton Shane Hegarty and David Leslie Hegarty, who were convicted in Mt Isa of offences stemming from events in Cloncurry. The matter was brought before the Court of Appeal in Brisbane, where the appeal against the convictions and sentences of the defendants was heard. Neither of the defendants attended the appeal hearing, which was unsurprising given the nature of their sentences. The appeal was ultimately dismissed by the Court of Appeal, affirming the lower court's conviction and sentence.

The legal issues that the Court of Appeal was required to address involved the sufficiency of the evidence presented at the original trial and whether the jury was justified in convicting the defendants based on the testimony provided. The primary issue was whether the jury's decision to convict the defendants was supported by the evidence, particularly regarding the question of whether the defendants acted in concert. The court examined the evidence presented, specifically the testimony of Miss Burke, to determine if it was reasonable for the jury to convict the defendants based on her evidence.

In dismissing the appeal, the Court of Appeal found that the evidence was sufficient to support the jury's decision. McPherson JA noted that it was open to the jury to accept Miss Burke's evidence, and there was no reason demonstrated in the record that would have precluded the jury from doing so. Mackenzie J and Mullins J concurred with the assessment that the evidence was adequate, and there were no grounds to interfere with the conviction or sentence. The court concluded that the appeals against conviction and sentence should be dismissed, thereby affirming the original decision.

The final orders of the Court of Appeal were that the appeals against conviction and sentence by Brenton Shane Hegarty should be dismissed, and the appeal against conviction by David Leslie Hegarty should also be dismissed. This decision upheld the original convictions and sentences imposed by the lower court, thereby concluding the matter.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established