SUPREME COURT OF QUEENSLAND
CITATION:
R v Heginbotham, McCartney & Room [2008] QCA 47
PARTIES:
R
v
HEGINBOTHAM, Ryan Keith
(appellant/applicant)R
v
McCARTNEY, Daniel Gary
(appellant/applicant)R
v
ROOM, Matthew Nicholas
(appellant/applicant)FILE NO/S:
CA No 219 of 2007
CA No 272 of 2007
CA No 223 of 2007
CA No 304 of 2007
CA No 243 of 2007
CA No 275 of 2007
DC No 2401 of 2007
DC No 1943 of 2007
DC No 1944 of 2007
DC No 2210 of 2005
DC No 2579 of 2005
DC No 1942 of 2007DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
Sentence ApplicationORIGINATING COURT:
District Court at Brisbane
DELIVERED ON:
7 March 2008
DELIVERED AT:
Brisbane
HEARING DATE:
31 January 2008
JUDGES:
Keane, Muir and Fraser JJA
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDER:
1. That in relation to the appellant Heginbotham, the appeal against convictions of the offences in counts 2, 3, 5 and 6 of indictment number 2401 of 2007 be allowed, that the convictions be quashed and that judgments and verdicts of acquittal be entered. Vary the sentence of four years imprisonment imposed upon him for each of the counts in indictment number 1942 of 2007 and count one on indictment number 1944 of 2007, by substituting in each case three and a half years imprisonment. Otherwise confirm the sentences imposed below in relation to those indictments.
2. That in relation to the appellant McCartney, the appeal against convictions of the offences in counts 2, 3, 5 and 6 of indictment number 2401 of 2007 be allowed, that the convictions be quashed and that judgments and verdicts of acquittal be entered. Vary the sentence of four years imprisonment imposed upon him for each of counts 2, 4, 6, 8, 9, 10, 11, 12 and 13 in indictment number 2210 of 2005 and counts 1 to 5 on indictment number 2579 of 2005 by substituting in each case three and a half years imprisonment. Otherwise confirm the sentences imposed below in relation to those indictments.
3. That in relation to the appellant Room, the appeal against convictions of the offences in counts 5 and 6 of indictment number 2401 of 2007 be allowed, that the convictions be quashed and that judgments and verdicts of acquittal be entered. Vary the sentence imposed upon him for each of the 3 counts in indictment number 1942 of 2007 by setting aside the parole release date of 1 February 2008 and instead fixing a parole release date of 22 October 2007. Otherwise confirm the sentences imposed below in relation to that indictment.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – UNREASONABLE OR INSUPPORTABLE VERDICT – WHERE APPEAL ALLOWED
EVIDENCE – BURDEN OF PROOF, PRESUMPTIONS, AND WEIGHT AND SUFFICIENCY OF EVIDENCE – GENERALLY – CREDIBILITY AND WEIGHT – IN GENERAL – where the prosecution case depended…
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- AGLC
- R v Heginbotham, McCartney & Room [2008] QCA 47
- Case
- [2008] QCA 47
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the evidence provided by the key witness was reliable and sufficient to support the appellants' convictions beyond reasonable doubt, and whether the trial judge had erred in instructing the jury regarding the need for corroboration. The court had to consider the impact of the witness's retraction and contradictions on the prosecution's case and whether the remaining evidence was sufficient to support the convictions. Additionally, the court examined the sentences imposed on the appellants in light of some of the convictions being quashed.
In reaching its decision, the court held that the evidence of the key witness was unreliable due to her drug use and inconsistencies in her testimony. The contradictions and retractions seriously undermined the prosecution's case. The court found that the evidence did not support a verdict of guilt beyond reasonable doubt for some of the appellants' convictions. The court also concluded that the trial judge's instructions on corroboration were not erroneous, but the lack of reliable evidence meant that a reasonable doubt remained. Consequently, the court allowed the appeals against certain convictions, quashed those convictions, and entered verdicts of acquittal. The sentences were varied in some instances to reflect the reduced convictions.
The final orders of the court included quashing certain convictions for each appellant, entering verdicts of acquittal for those offences, and varying the sentences to reflect the reduced convictions. The court reduced the sentences for some of the appellants, taking into account their cooperation with authorities and early guilty pleas on other charges. The court confirmed the sentences for other convictions, ensuring that the sentences were proportionate to the remaining convictions.
Orders
Orders of the court
1. That in relation to the appellant Heginbotham, the appeal against convictions of the offences in counts 2, 3, 5 and 6 of indictment number 2401 of 2007 be allowed, that the convictions be quashed and that judgments and verdicts of acquittal be entered. Vary the sentence of four years imprisonment imposed upon him for each of the counts in indictment number 1942 of 2007 and count one on indictment number 1944 of 2007, by substituting in each case three and a half years imprisonment. Otherwise confirm the sentences imposed below in relation to those indictments.
2. That in relation to the appellant McCartney, the appeal against convictions of the offences in counts 2, 3, 5 and 6 of indictment number 2401 of 2007 be allowed, that the convictions be quashed and that judgments and verdicts of acquittal be entered. Vary the sentence of four years imprisonment imposed upon him for each of counts 2, 4, 6, 8, 9, 10, 11, 12 and 13 in indictment number 2210 of 2005 and counts 1 to 5 on indictment number 2579 of 2005 by substituting in each case three and a half years imprisonment. Otherwise confirm the sentences imposed below in relation to those indictments.
3. That in relation to the appellant Room, the appeal against convictions of the offences in counts 5 and 6 of indictment number 2401 of 2007 be allowed, that the convictions be quashed and that judgments and verdicts of acquittal be entered. Vary the sentence imposed upon him for each of the 3 counts in indictment number 1942 of 2007 by setting aside the parole release date of 1 February 2008 and instead fixing a parole release date of 22 October 2007. Otherwise confirm the sentences imposed below in relation to that indictment.
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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