R v John - [2014] QCA 86

SUPREME COURT OF QUEENSLAND

CITATION:

R v John [2014] QCA 86

PARTIES:

R
v
JOHN, Jason Christopher
(appellant/applicant)

FILE NO/S:

CA No 127 of 2013
CA No 207 of 2013
SC No 20 of 2012

DIVISION:

Court of Appeal

PROCEEDING:

Appeal against Conviction & Sentence

ORIGINATING COURT:

Supreme Court at Bundaberg

DELIVERED ON:

24 April 2014

DELIVERED AT:

Brisbane

HEARING DATE:

5 February 2014

JUDGES:

Margaret McMurdo P and Morrison JA and Mullins J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDERS:

1. The appeal against conviction is dismissed.

2. The application for leave to appeal against sentence is refused.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE – APPEAL DISMISSED – where the appellant was convicted after a trial of the attempted murder of his wife – where the appellant resided with the complainant in a house which was largely destroyed by a vapour explosion and fire – where the complainant suffered dreadful injuries – where the gas cylinder that supplied the house was removed from its usual location and its exploded remains were found at the foot of the bed – where the fire was caused by the ignition of either the contents of the gas cylinder, or petrol, or a combination of gas and petrol – where forensic evidence established that the fire was not caused by an electrical or gas fault – where there were two emergency calls between the complainant, the appellant and the operator – where the calls record the events leading up to the ignition of the fire, including statements consistent with the appellant intending to kill the complainant – where the appellant consistently stated that the vapour explosion and fire started when the complainant lit a cigarette – where the complainant had no memory of the incident, but had twice adopted as her version the appellant's version as to how the fire started – whether the conviction was unreasonable or insupportable having regard to the evidence

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – OTHER MATTERS – where the trial judge found the appellant poured petrol on the complainant before striking the lighter – where there was evidence that at some point before the second phone call the appellant poured petrol on the complainant – where the expert evidence was to the effect that the damage to the house could have occurred by igniting either petrol or gas, or a mix of both – whether the trial judge erred in finding under s 132C of the Evidence Act 1977 (Qld) the appellant poured petrol on the complainant

CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE – where the applicant was sentenced to 16 years imprisonment – where the applicant probably intended to kill himself and only formed an intent to kill the complainant impulsively…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v John

Details

AGLC: R v John [2014] QCA 86
Case: [2014] QCA 86
Decision Date: 24 April 2014

CaseChat Overview and Summary

The appellant appealed against his conviction for the attempted murder of his wife, arguing that the verdict was unreasonable or insupportable in light of the evidence. The facts of the case revealed that the appellant and the complainant lived in a house that was largely destroyed by a vapour explosion and fire, resulting in the complainant suffering severe injuries. The gas cylinder, which supplied the house, was found in exploded remnants at the foot of the bed, and the fire was caused by the ignition of either the gas, petrol, or a combination of both. The forensic evidence showed that the fire was not caused by an electrical or gas fault. The case hinged on two emergency calls between the complainant, the appellant and the operator, which recorded events leading up to the ignition of the fire, including statements consistent with the appellant intending to kill the complainant. The appellant claimed that the vapour explosion and fire began when the complainant lit a cigarette, a version the complainant had twice adopted due to her lack of memory of the incident.

The court considered the legal issues of whether the conviction was unreasonable or insupportable in light of the evidence and whether the trial judge erred in finding that the appellant poured petrol on the complainant. The court examined the expert evidence and the circumstances of the case, concluding that the evidence supported the verdict of attempted murder. The court also examined the sentence of 16 years imprisonment, considering the appellant's criminal history, mental health issues, and substance abuse problems. The court determined that the sentence was not manifestly excessive, taking into account the appellant's history of violence and the circumstances of the crime.

The appeal against conviction was dismissed, and the application for leave to appeal against sentence was refused. The court found that the evidence supported the verdict of attempted murder and that the sentence was not manifestly excessive. The court emphasised the importance of considering the appellant's criminal history, mental health issues, and substance abuse problems in determining the appropriate sentence. The court also highlighted the need for the appellant to address his underlying issues and seek long-term professional help to prevent future reoffending.

Orders

Orders of the court

1. The appeal against conviction is dismissed.

2. The application for leave to appeal against sentence is refused.

Background

Background to the litigation

Full text does not contain this section.

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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CITATION:	R v John [2014] QCA 86
PARTIES:	R v JOHN, Jason Christopher (appellant/applicant)
FILE NO/S:	CA No 127 of 2013 CA No 207 of 2013 SC No 20 of 2012
DIVISION:	Court of Appeal
PROCEEDING:	Appeal against Conviction & Sentence
ORIGINATING COURT:	Supreme Court at Bundaberg
DELIVERED ON:	24 April 2014
DELIVERED AT:	Brisbane
HEARING DATE:	5 February 2014
JUDGES:	Margaret McMurdo P and Morrison JA and Mullins J Separate reasons for judgment of each member of the Court, each concurring as to the orders made
ORDERS:	1. The appeal against conviction is dismissed. 2. The application for leave to appeal against sentence is refused.
CATCHWORDS:	CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE – APPEAL DISMISSED – where the appellant was convicted after a trial of the attempted murder of his wife – where the appellant resided with the complainant in a house which was largely destroyed by a vapour explosion and fire – where the complainant suffered dreadful injuries – where the gas cylinder that supplied the house was removed from its usual location and its exploded remains were found at the foot of the bed – where the fire was caused by the ignition of either the contents of the gas cylinder, or petrol, or a combination of gas and petrol – where forensic evidence established that the fire was not caused by an electrical or gas fault – where there were two emergency calls between the complainant, the appellant and the operator – where the calls record the events leading up to the ignition of the fire, including statements consistent with the appellant intending to kill the complainant – where the appellant consistently stated that the vapour explosion and fire started when the complainant lit a cigarette – where the complainant had no memory of the incident, but had twice adopted as her version the appellant's version as to how the fire started – whether the conviction was unreasonable or insupportable having regard to the evidence CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – OTHER MATTERS – where the trial judge found the appellant poured petrol on the complainant before striking the lighter – where there was evidence that at some point before the second phone call the appellant poured petrol on the complainant – where the expert evidence was to the effect that the damage to the house could have occurred by igniting either petrol or gas, or a mix of both – whether the trial judge erred in finding under s 132C of the Evidence Act 1977 (Qld) the appellant poured petrol on the complainant CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE – where the applicant was sentenced to 16 years imprisonment – where the applicant probably intended to kill himself and only formed an intent to kill the complainant impulsively…