SUPREME COURT OF QUEENSLAND
CITATION:
R v Heuer [2013] QSC 357
PARTIES:
R
(respondent)
v
HEUER, Eric Roger
(applicant)
FILE NO:
89/12
DIVISION:
Trial Division
PROCEEDING:
Application pursuant to s 590AA of Criminal Code
DELIVERED ON:
31 January 2013
DELIVERED AT:
Brisbane
HEARING DATE:
24 January 2013
JUDGE:
Justice Margaret Wilson
ORDER:
If the defendant adduces evidence from Dr Peter Fama as to the defendant’s mental condition at the time of the alleged offences, the Crown may adduce evidence from Dr Josephine Sundin in rebuttal.
CATCHWORDS:
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – COURSE OF EVIDENCE – where the defendant was charged with two counts of attempted murder, and in the alternative with two counts of doing grievous bodily harm with intent – where the principal issues were insanity and intent – where the defence sought to lead expert evidence to support insanity – where expert evidence of insanity would be closely entwined with evidence of intent – whether the prosecution should be permitted to adduce expert evidence in rebuttal
Criminal Code 1899 (Qld) s 27, s 590B
Killick v The Queen (1981) 147 CLR 565, cited
Lawrence v The Queen (1981 – 1982) 38 ALR 1, cited
R v Goode [2004] QCA 211, considered
R v Pateman [1984] 1 Qd R 312, cited
R v Soma [2001] QCA 263, cited
Shaw v The Queen (1952) 85 CLR 365, citedCOUNSEL:
BG Campbell for the Crown
J Pappas for the defendantSOLICITORS:
Office of the Director of Public Prosecutions for the Crown Legal Aid Queensland for the defendant
MARGARET WILSON J: The defendant has been charged with two counts of attempted murder, and in the alternative with two counts of doing grievous bodily harm with intent.
The principal issues are insanity, on which the defendant bears the onus of proof on the balance of probabilities, and intent, on which the Crown bears the onus of proof beyond reasonable doubt.
Each side proposes to call expert psychiatric evidence. The defendant proposes to call Dr Peter Fama, and the Crown proposes to call Dr Josephine Sundin.
The Crown wishes to call Dr Sundin in rebuttal. The defendant seeks an order requiring the Crown to lead her evidence in its case in chief.
Principles
Relevant principles have been enunciated in Shaw v The Queen[1] and subsequent decisions. The general rule is that the Crown may not split its case: that it must present all of its evidence before the defendant is asked whether he intends to adduce evidence.[2] This is regarded as an important rule of fairness,[3] in that evidence tendered by the Crown after the close of the defence case “may assume an inflated importance in the eyes of the jury”.[4] Ultimately, however, whether the Crown may call evidence in rebuttal is a matter within the discretion of the Court. That discretion is to be exercised in the context of any applicable statutory provisions and relevant principles enunciated in earlier binding authorities. Evidence in rebuttal…
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- AGLC
- R v Heuer [2013] QSC 357
- Case
- [2013] QSC 357
- Decision Date
CaseChat Overview and Summary
The court considered the necessity and admissibility of expert evidence in this context. It recognised that expert evidence regarding insanity would inevitably overlap with discussions about intent. The court concluded that if the defence presented expert evidence on the defendant's mental condition at the time of the offences, the prosecution should be permitted to introduce expert evidence in rebuttal. This would allow for a comprehensive assessment of the defendant's state of mind and intent, ensuring a fair trial.
The court's reasoning was grounded in the need for a balanced presentation of expert evidence in criminal trials, especially where mental condition and intent are central issues. By allowing the prosecution to introduce rebuttal evidence, the court aimed to maintain the integrity of the judicial process, ensuring that all relevant aspects of the defendant's mental state and intent were thoroughly examined. The outcome was that if the defence called Dr Peter Fama as an expert witness, the prosecution would be allowed to call Dr Josephine Sundin to provide a counter-expert opinion.
Orders
Orders of the court
If the defendant adduces evidence from Dr Peter Fama as to the defendant’s mental condition at the time of the alleged offences, the Crown may adduce evidence from Dr Josephine Sundin in rebuttal.
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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