SUPREME COURT OF QUEENSLAND
CITATION:
R v Jones [2015] QCA 161
PARTIES:
R
v
JONES, Horace Larenzo Lyken
(appellant)FILE NO/S:
CA No 321 of 2014
SC No 14 of 2014DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
Supreme Court at Rockhampton – Unreported, 2 December 2014DELIVERED ON:
1 September 2015
DELIVERED AT:
Brisbane
HEARING DATE:
26 May 2015
JUDGES:
Holmes JA and North and Henry JJ
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
The appeal is dismissed.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – IMPROPER ADMISSION OR REJECTION OF EVIDENCE – OTHER CASES – where appellant found guilty of one count of murder – where the defence sought to lead psychiatric opinion evidence – where the opinion evidence was held inadmissible during the trial – whether the expert was qualified to provide opinion evidence on the appellant’s emotional state and resultant behaviour – whether the psychiatric evidence to be relied on as expert opinion evidence was inadmissible – whether the appeal should be allowed
Criminal Code (Qld), s 271, s 272, s 304, s 304B
Evidence Act 1977 (Qld), s 132BClark v Ryan (1960) 103 CLR 486; [1960] HCA 42, considered
Osland v The Queen (1998) 197 CLR 316; [1998] HCA 75, followed
R v Bonython (1984) 38 SASR 45, considered
R v Pollock[2009] QCA 268, cited
R v Runjanjic (1991) 56 SASR 114; [1991] SASC 2951, considered
Ramsay v Watson (1961) 108 CLR 642; [1961] HCA 65, considered
Roach v The Queen (2001) 242 CLR 610; [2011] HCA 12, considered
Wilson v The Queen (1970) 123 CLR 334; [1970] HCA 17, citedCOUNSEL:
A W Collins for the appellant
M Cowen QC for the respondentSOLICITORS:
Legal Aid Queensland for the appellant
Director of Public Prosecutions (Queensland) for the respondent
HOLMES JA: I agree with the reasons of North J and the order he proposes.
NORTH J: The appellant was on 2 December 2014 convicted by a jury of the murder of his mother on 29 June 2012. He has appealed that conviction and the sole ground is one of law, that a miscarriage of justice occurred as a consequence of a ruling by the trial judge that the evidence of a psychiatrist sought to be led in the appellant’s case as expert opinion evidence was inadmissible.[1]
THE ISSUE AT TRIAL
[1]Amended Notice of Appeal filed 15 May 2015; s 668E(1) Criminal Code.
At trial it was not in contest that the deceased died as a result of the infliction of multiple wounds upon her by the appellant.[2] Forensic pathology evidence was that the deceased sustained approximately 31 wounds of which some 17 were sustained to her head and neck. Because of the nature of some wounds the evidence was that they may have been sustained as a result…
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- AGLC
- R v Jones [2015] QCA 161
- Case
- [2015] QCA 161
- Decision Date
CaseChat Overview and Summary
The court examined the qualifications of the proposed expert and the nature of the evidence. It found that the psychiatrist was not appropriately qualified to give an expert opinion on the appellant's emotional state and resultant behaviour. Additionally, the court concluded that even if the expert was qualified, the evidence would not have been admissible because it did not meet the criteria for expert opinion evidence under the relevant legal framework. The court further reasoned that the exclusion of the evidence did not result in a miscarriage of justice, as the overall evidence was sufficient to support the appellant's conviction.
Given the above findings, the court dismissed the appeal. The decision was that the trial judge's exclusion of the psychiatric opinion evidence was correct, and the error did not affect the outcome of the trial. Consequently, the conviction remained valid, and the appeal was unsuccessful.
Orders
Orders of the court
The appeal 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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