SUPREME COURT OF QUEENSLAND
CITATION:
R v Jobling [2011] QCA 31
PARTIES:
R
v
JOBLING, Scott Andrew
(appellant)FILE NO/S:
CA No 139 of 2010
SC No 74 of 2007DIVISION:
Court of Appeal
PROCEEDING:
Appeal against conviction
ORIGINATING COURT:
Supreme Court at Rockhampton
DELIVERED ON:
4 March 2011
DELIVERED AT:
Brisbane
HEARING DATE:
7 October 2010
JUDGES:
Margaret McMurdo P and White JA and Jones J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
Appeal against conviction is dismissed.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – CONDUCT OF PROSECUTOR OR PROSECUTION – Where appellant and co-accused were charged together with murder – where separate trials – where co-accused was convicted of murder prior to the appellant's trial for murder – where appellant argued that the trial judge erred in permitting the prosecution to particularise criminal responsibility against him on the basis of s 7(1)(a), s 7(1)(c) or s 7(1)(d) Criminal Code 1899 (Qld) – whether prosecution case offended the doctrine of incontrovertibility – whether it was an abuse of process
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – IMPROPER ADMISSION OR REJECTION OF EVIDENCE – GENERAL PRINCIPLES – where co-accused's statement to police was admitted as evidence against the appellant – where the judge made a declaration under s 17 Evidence Act 1977 (Qld) – whether the trial judge erred in making that declaration – whether the trial judge erred in admitting the evidence
Criminal Code 1899 (Qld), s 7(1)(a), s 7(1)(b), s 7(1)(c), s 7(1)(d), s 560, s 569
Evidence Act 1977 (Qld), s 17, s 101, s 102
Connelly v Director of Public Prosecutions [1964] AC 1254, cited
Garrett v The Queen (1977) 139 CLR 437; [1977] HCA 67, cited
Pearce v The Queen (1998) 194 CLR 610; [1998] HCA 57, cited
R v Carroll (2002) 213 CLR 635; [2002] HCA 55, considered
R v Gilham (2007) 73 NSWLR 308; [2007] NSWCCA 323, considered
R v Hinschen[2008] QCA 145, considered
Rogers v The Queen (1994) 181 CLR 251; [1994] HCA 42, consideredCOUNSEL:
A J Glynn SC for the appellant
M J Copley SC for the respondentSOLICITORS:
Legal Aid Queensland for the appellant
Director of Public Prosecutions (Queensland) for the respondent
MARGARET McMURDO P: Scott Andrew Jobling was originally charged jointly with Beau Ernest Hinschen with murdering Jobling's former partner, Suzanne Cheryl Standing, at Etna Creek near Rockhampton on or about 5 August 2005. Separate trials were ordered on 7 June 2007. The Crown endorsed the indictment jointly charging Jobling and Hinschen that it was not proceeding further against Hinschen on that indictment.
The Crown proceeded first against Hinschen on another indictment charging him with the murder of the deceased. Evidence led at Hinschen's trial was capable of supporting his conviction of murder on the basis that he either actually, at…
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- AGLC
- R v Jobling [2011] QCA 31
- Case
- [2011] QCA 31
- Decision Date
CaseChat Overview and Summary
The court examined whether the trial judge's decisions regarding the particularisation of criminal responsibility and the admission of evidence were appropriate. The court considered the principles of criminal law relevant to appeals and new trials, including the particular grounds of appeal related to prosecutorial conduct and the general principles of the admission or rejection of evidence. The court also assessed whether the trial judge's actions were an abuse of process and if the prosecution's case adhered to the doctrine of incontrovertibility. Furthermore, the court evaluated the correctness of the trial judge's declaration under the Evidence Act and its impact on the admissibility of the co-accused's statement.
In its decision, the court found that the trial judge did not err in permitting the prosecution to particularise the appellant's criminal responsibility or in admitting the co-accused's statement. The court held that the trial judge's decisions did not constitute an abuse of process and were consistent with the applicable legal principles. Consequently, the appeal against the conviction was dismissed.
Orders
Orders of the court
Appeal against conviction 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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