R v Hill; R v Young

Case [2014] QCA 107


SUPREME COURT OF QUEENSLAND

CITATION:

R v Hill; R v Young [2014] QCA 107

PARTIES:

R
v
HILL, Bradley David
(appellant)

R
v
YOUNG, Kerryn Anne
(appellant)

FILE NO/S:

CA No 154 of 2013
CA No 152 of 2013
SC No 6 of 2013

DIVISION:

Court of Appeal

PROCEEDING:

Appeals against Conviction

ORIGINATING COURT:


Supreme Court at Rockhampton

DELIVERED ON:

16 May 2014

DELIVERED AT:

Brisbane

HEARING DATE:

20 February 2014

JUDGES:

Chief Justice and Fraser and Morrison JJA
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:

1.   Leave be granted to Hill to adduce the further evidence.

2.   Hill’s appeal be dismissed.

3.   Young’s appeal be dismissed.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE – APPEAL DISMISSED – where the appellant Young and the appellant Hill were in a relationship – where Hill and the deceased used to be good friends but had fallen out – where Young found out that Hill was sleeping with another woman – where on Friday 8 October 2010 Hill was in Brisbane and Young and the deceased were in Gladstone – where on the evening of Friday 8 October and the morning of Saturday 9 October Young and the deceased communicated to Hill via text messages and phone calls that they were sleeping together – where in response Hill made death threats via text messages and phone calls against the deceased – where on Saturday 9 October Hill travelled to Gladstone allegedly acquiring heroin en route – where on Saturday 9 October Young and Hill reconciled – where on the evening of Saturday 9 October Young and the deceased arranged for the former to deliver the latter a syringe containing a pre-mixed drug – where on the evening of Saturday 9 October or the morning of Sunday 10 October Hill arranged for Weston to place an envelope in the deceased’s letterbox – where on Sunday 10 October the deceased injected himself with a syringe containing a pre-mixed drug and died – where medical evidence determined that the deceased died from an overdose of heroin – where there was evidence that the deceased used amphetamines but not heroin – where Hill was convicted after trial of the murder of the deceased – where Hill contends that the verdict is unreasonable and cannot be supported having regard to the evidence – where inter alia Hill contends that Hill’s hostility toward the deceased did not continue after he arrived in Gladstone and the deceased injected the drugs on a voluntary and informed basis – whether the verdict against Hill is unreasonable and insupportable

CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE – APPEAL DISMISSED – where Young was convicted after trial of the murder of the deceased pursuant to s 7 of the Criminal Code – where Young contends that the verdict is unreasonable and cannot be supported…

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Details
AGLC
R v Hill; R v Young [2014] QCA 107
Case
[2014] QCA 107
Decision Date

CaseChat Overview and Summary

The appellants, Hill and Young, were convicted of the murder of a deceased individual. Hill was convicted under section 302 of the Criminal Code, and Young under section 7. Both appellants appealed their convictions, arguing that the verdicts were unreasonable and insupportable when considering the evidence presented. Hill contended that his hostility toward the deceased did not continue after he arrived in Gladstone and that the deceased injected drugs on a voluntary and informed basis. Young argued that the lethal dose of heroin did not come from the envelope Hill had placed in the deceased’s letterbox and that she did not have actual knowledge that Hill had an intention to kill or do grievous bodily harm to the deceased.

The court considered the appellants' arguments and determined that the verdicts were not unreasonable or insupportable. The court found that the evidence presented at trial was sufficient to support the verdicts against both appellants. The court also considered whether there was a miscarriage of justice in the trial due to the improper admission or rejection of evidence. The court found that the evidence presented, including the contradictory statement of McNeil and the references to Hill’s alleged drug dealing and improper interference with children, did not prejudice the trial to such an extent that it amounted to a miscarriage of justice. The court also found that the post-offence conduct by Hill did not constitute evidence of consciousness of guilt.

The court dismissed both Hill’s and Young’s appeals. The court did, however, grant leave to Hill to adduce further evidence in relation to McNeil’s contradictory statement. The final orders were that leave be granted to Hill to adduce the further evidence, Hill’s appeal be dismissed, and Young’s appeal be dismissed.

Orders

Orders of the court

1. Leave be granted to Hill to adduce the further evidence.

2. Hill’s appeal be dismissed.

3. Young’s appeal be dismissed.

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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