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R v Johnson

R v Johnson

Case [2014] QCA 67 10 April 2014

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[2014] QCA 67
COURT OF APPEAL
MARGARET McMURDO P
BODDICE J
THOMAS J
CA No 5 of 2014
DC No 1653 of 2013
THE QUEEN
v
JOHNSON, Colin Appellant
BRISBANE
THURSDAY, 10 APRIL 2014
JUDGMENT

THE PRESIDENT: The starting point for the appellant’s grounds of appeal is not made out. It is common ground that it is not made out in that in fact the DVD that was played to the jury of the complainant’s evidence, contrary to the appellant's original contentions, did not contain a reference to possible interference with the complainant’s brother; and the transcript of that DVD which was supplied to the jury did not provide reference to that material. The appellant therefore has properly conceded that his grounds of the appeal cannot establish that there was a miscarriage of justice. In those circumstances the order of the Court is that the appeal is dismissed.

Details

AGLC: R v Johnson [2014] QCA 67
Case: [2014] QCA 67
Decision Date: 10 APRIL 2014

CaseChat Overview and Summary

The appeal in the matter of the Queen versus Colin Johnson was heard by McMurdo P, O'Dwyer, and Thomas JJA in the Court of Appeal in Brisbane. The appellant, Colin Johnson, sought to appeal against his conviction for certain criminal offences, raising several grounds for appeal. The central issue before the court was whether the appellant's grounds of appeal were valid and, if so, whether they warranted the setting aside of his conviction and a retrial.

The court examined the appellant's contention that the jury was misled due to the absence of a reference to possible interference with the complainant’s brother in the DVD and the transcript provided to the jury. The court found that the DVD and transcript did not omit this reference, as the appellant had originally claimed. Consequently, the appellant conceded that his grounds of appeal did not establish a miscarriage of justice. The court held that since the grounds of appeal did not substantiate a miscarriage of justice, the appeal could not succeed.

Given the appellant's concession and the findings of the court, the appeal was dismissed. The court ruled that there were no grounds to set aside the appellant's conviction or order a retrial. The judgment concluded with the affirmation that the appeal was dismissed, and no further orders were necessary.

Orders