R v Henderson

Case [2014] QCA 12


SUPREME COURT OF QUEENSLAND

CITATION:

R v Henderson [2014] QCA 12

PARTIES:

R
v
HENDERSON, Mark David Jon
(appellant/applicant)

FILE NO/S:

CA No 55 of 2012
CA No 11 of 2013
DC No 898 of 2011

DIVISION:

Court of Appeal

PROCEEDING:

Appeal against Conviction
Application for Extension (Sentence)

ORIGINATING COURT:


District Court at Brisbane

DELIVERED ON:

14 February 2014

DELIVERED AT:

Brisbane

HEARING DATE:

3 October 2013

JUDGES:

Margaret McMurdo P and Mullins and Henry JJ
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:

Appeal dismissed.1.    

Application to extend time refused.2.    

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE – where the appellant pleaded not guilty to fraud with a circumstance of aggravation – where the jury found the appellant guilty – whether the verdict of guilty was reasonably open on the evidence

CRIMINAL LAW – APPEAL AND NEW TRIAL – MISCARRIAGE OF JUSTICE – DISMISSAL OF APPEAL WHERE NO SUBSTANTIAL MISCARRIAGE OF JUSTICE – where the appellant stood trial alone, his co-accused’s legal representatives having indicated his co-accused would plead guilty – whether absence of co-accused at time of arraignment caused a miscarriage of justice 

CRIMINAL LAW – PROCEDURE – WITNESSES – HOSTILE AND UNFAVOURABLE WITNESSES – whether witness was unreliable and the testimony of said witness was prejudicial to the appellant – whether the trial judge issued the correct direction in relation to the testimony of the witness

CRIMINAL LAW – SENTENCE – RELEVANT FACTORS – PARITY BETWEEN CO-OFFENDERS – GROUNDS FOR DISCRIMINATION BETWEEN CO-OFFENDERS – GENERAL – where the appellant was sentenced to nine years imprisonment with a parole eligibility date set after the service of four years – where conviction appealed and extension of time sought to appeal sentence – whether sentence imposed was manifestly excessive – whether cooperation at trial is grounds for reduced sentence – whether sentence should be consistent with co-offender’s sentence

Criminal Code 1899 (Qld), s 568(3), s 597B, s 604, s 668E
Evidence Act 1977 (Qld), s 21A

Bromley v The Queen (1986) 161 CLR 315; [1986] HCA 49, cited
Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46, followed
M v The Queen (1994) 181 CLR 487; [1994] HCA 63, considered
Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26, considered
R v Gadaloff[1999] QCA 286, distinguished
R v Heiser & Cook; ex parte A-G (Qld) [1997] QCA 14, distinguished
R v Hinterdorfer[1997] QCA 199, distinguished
SKA v The Queen (2011) 243 CLR 400; [2011] HCA 13, considered

COUNSEL:

The appellant appeared on his own behalf
S J Hamlyn-Harris for the applicant
S P Vasta for the respondent

SOLICITORS:

The appellant appeared on his own behalf
Fisher Dore Lawyers for the applicant
Director of Public Prosecutions (Queensland) for the respondent

  1. MARGARET McMURDO P:  I agree with Henry J's reasons for dismissing…

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Details
AGLC
R v Henderson [2014] QCA 12
Case
[2014] QCA 12
Decision Date

CaseChat Overview and Summary

In the case of R v Henderson, the appellant was convicted of fraud with a circumstance of aggravation and subsequently appealed the decision. The appellant's primary contention was that the verdict was unreasonable and insupportable in light of the evidence presented. The appeal also addressed whether the absence of the co-accused during the trial led to a miscarriage of justice, as well as issues regarding the reliability of a key witness and the fairness of the sentence imposed.

The legal issues before the court included whether the verdict of guilty was reasonably open on the evidence, whether the absence of the co-accused at the time of arraignment caused a miscarriage of justice, whether the trial judge correctly handled the testimony of a hostile and unfavourable witness, and whether the sentence was manifestly excessive or inconsistent with that of the co-offender. The court examined the evidence and the trial process to determine if there was any substantial miscarriage of justice that warranted a new trial or a reconsideration of the sentence.

The court found that the evidence was sufficient to support the jury's verdict, and there was no substantial miscarriage of justice due to the absence of the co-accused at the arraignment. The testimony of the hostile witness, despite being unreliable, did not prejudice the appellant to the extent that it affected the outcome of the trial. The trial judge had correctly directed the jury regarding the weight to be given to the witness's testimony. Furthermore, the sentence imposed was not manifestly excessive, and there were valid grounds for differentiating the sentence between the appellant and the co-offender.

The appeal was dismissed, and the application to extend the time to appeal the sentence was refused. The court upheld the original sentence and found no grounds for reducing the appellant's sentence or for ordering a new trial.

Orders

Orders of the court

Appeal dismissed.1.

Application to extend time refused.2.

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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