SUPREME COURT OF QUEENSLAND
CITATION:
R v Horne [2022] QCA 90
PARTIES:
R
v
HORNE, Cameron David
(appellant)FILE NO/S:
CA No 3 of 2022
DC No 2775 of 2019DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
District Court at Brisbane – Date of Conviction: 17 December 2021 (Kent QC DCJ)
DELIVERED ON:
24 May 2022
DELIVERED AT:
Brisbane
HEARING DATE:
4 April 2022
JUDGES:
Sofronoff P and Morrison and Mullins JJA
ORDER:
Appeal dismissed.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – PATICULAR GROUNDS OF APPEAL – OTHER MATTERS – where the appellant plead not guilty to four counts of rape and one count of unlawful and indecent assault – where the appellant was in their mid-sixties at the time of offending – where the appellant was intoxicated at the time of offending – whether a defence under s 23(1)(a) of the Criminal Code (Qld) is available if the appellant is intoxicated to any extent
Criminal Code (Qld), s 23, s 26, s 27, s 28
Kaporonovski v The Queen (1973) 133 CLR 209; [1973] HCA 35, considered
R v Corbett [1903] St R Qd 246, considered
R v Falconer (1990) 171 CLR 30; [1990] HCA 49, considered
R v Kusu [1981] Qd R 136, followed
R v O’Connor (1980) 146 CLR 64; [1980] HCA 17, explained
Re Bromage [1991] 1 Qd R 1, considered
Stefanski v Western Australia [2022] WASCA 5, consideredCOUNSEL:
S C Holt QC, with Z G Brereton, for the appellant
D L Meredith for the respondentSOLICITORS:
McGinness and Associates for the appellant
Director of Public Prosecutions (Queensland) for the respondent
SOFRONOFF P: The appellant is a man in his early sixties. For most of his life he worked for a large Australian bank where he eventually became the manager of an important part of its business in Queensland. After many years he left the bank and began to work as an intermediary between lenders and their customers. He has a long and enduring marriage and three successful adult children. He has never been convicted of any offence.
The appellant was invited to a lunch party to be held on 17 October 2018 in a venue at a marina. His friend who invited him told him that it would be a “big lunch” and that it would feature a mud crab menu. There would be several “bankers” at the lunch and its purpose appears to have been to permit the guests to “network”.[1]
[1]AB at 253.27-253.33, 27.44.
The appellant had recently suffered some health complications and for that reason he had been prescribed a series of antibiotic medicines. On the day before the lunch the appellant consulted his general practitioner and told him that he intended attending a lunch and drinking alcohol there. He had ceased taking the antibiotics on that day, the day before the lunch. He had not drunk any alcohol for a while because he knew that he ought not…
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- AGLC
- R v Horne [2022] QCA 90
- Case
- [2022] QCA 90
- Decision Date
CaseChat Overview and Summary
The legal issues before the Court of Appeal were whether the trial judge should have directed the jury that a defence under section 23(1)(a) of the Criminal Code (Qld) is available if the appellant was intoxicated to any extent, and whether the trial judge erred in his directions to the jury regarding the appellant's intoxication. The Court of Appeal considered the relevant statutory provisions and case law, and concluded that the trial judge had not erred in his directions to the jury. The Court of Appeal held that the appellant's intoxication did not provide a defence to the charges, as the appellant's intoxication did not negate the requisite intent for the crimes charged. The Court of Appeal also held that the trial judge had properly directed the jury on the issue of the appellant's intoxication.
The Court of Appeal dismissed the appellant's appeal against his convictions. The Court of Appeal held that the trial judge had not erred in his directions to the jury, and that the appellant's intoxication did not provide a defence to the charges. The Court of Appeal further held that there were no other grounds on which the appellant's appeal could succeed. The Court of Appeal dismissed the appellant's appeal and affirmed his convictions.
Orders
Orders of the court
Appeal 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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