SUPREME COURT OF QUEENSLAND
CITATION:
R v Hughes [2012] QCA 208
PARTIES:
R
v
HUGHES, Diana Fae
(appellant)FILE NO/S:
CA No 75 of 2011
SC No 363 of 2009DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
14 August 2012
DELIVERED AT:
Brisbane
HEARING DATE:
4 April 2012
JUDGES:
Margaret McMurdo P and White JA and A Lyons J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
The appeal against conviction is dismissed.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – IMPROPER ADMISSION OR REJECTION OF EVIDENCE – GENERAL PRINCIPLES – where appellant charged and convicted with murdering her de facto partner – where trial judge admitted evidence relating to disclosures by the deceased of his suspicion that he was being drugged by the appellant – whether the evidence given by various witnesses was admissible
CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE – where evidence was led that the appellant was suffering from an abnormality of the mind at the time of the killing – where the prosecution called rebuttal evidence – whether the jury ought to have accepted that the appellant was suffering from a diminished capacity and consequently found her guilty of manslaughter and not guilty of murder
Criminal Code 1889 (Qld), s 304A
Evidence Act 1977 (Qld), s 93BR v Clark (2001) 123 A Crim R 506; [2001] NSWCCA 494, cited
R v Lester (2008) 190 A Crim R 468; [2008] QCA 354, consideredCOUNSEL:
A Hoare for the appellant (pro bono)
D L Meredith for the respondentSOLICITORS:
Howden Saggers Lawyers for the appellant (pro bono)
Director of Public Prosecutions (Queensland) for the respondent
MARGARET McMURDO P: The appellant, Diana Hughes, was charged with murdering her former de facto partner, Greg Stewart, on 9 August 2006. She appeals against her conviction on two grounds. The first is that the trial judge erred in admitting evidence that related to disclosures by the deceased as to a suspicion that he was being drugged by the appellant. The second is that the jury ought to have accepted she was suffering from a diminished capacity and therefore ought to have found her not guilty of murder and guilty of manslaughter.
The issues at the pre-trial hearing and the trial and the relevant evidence
Before discussing these grounds of appeal, it is necessary to summarise the issues at the pretrial hearing and the trial, and the relevant evidence. It was common ground that the appellant was responsible for the death which was caused by strangulation, either manually or with a rope. The issues at trial were self-defence and diminished responsibility.
The pre-trial hearing
At a hearing the day before the trial commenced, the defence objected to various aspects of the prosecution evidence including that relating to representations made by the deceased to witnesses of his suspicion…
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- AGLC
- R v Hughes [2012] QCA 208
- Case
- [2012] QCA 208
- Decision Date
CaseChat Overview and Summary
The court found that the evidence of the deceased's suspicions was properly admitted as it was relevant to the circumstances of the killing and the appellant's state of mind at the time. The court also found that the jury was entitled to reject the evidence of the appellant's abnormality of the mind and that the verdict of guilty of murder was open on the evidence. The court held that the evidence of the deceased's suspicions went to the appellant's state of mind and was relevant to the circumstances of the killing. The court also found that the evidence of the appellant's abnormality of the mind was not sufficient to establish diminished responsibility and that the jury was entitled to reject it.
The appeal against conviction was dismissed. The court held that the trial judge did not err in admitting the evidence of the deceased's suspicions and that the jury's verdict was open on the evidence. The court also found that the evidence of the appellant's abnormality of the mind was not sufficient to establish diminished responsibility. The appellant's conviction for murder was upheld.
Orders
Orders of the court
The appeal against conviction is 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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