SUPREME COURT OF QUEENSLAND
CITATION:
R v K; ex parte A-G (Qld) [2002] QCA 260
PARTIES:
R
v
K
(appellant)
R
V
K
(respondent)
ATTORNEY-GENERAL OF QUEENSLAND
(appellant)FILE NO/S:
CA No 24 of 2002
CA No 67 of 2002
DC No 18 of 2001DIVISION:
Court of Appeal
PROCEEDING:
Appeal against conviction
Appeal against sentence by A-G (Qld)ORIGINATING COURT:
District Court at Warwick
DELIVERED ON:
30 July 2002
DELIVERED AT:
Brisbane
HEARING DATE:
29 May 2002
JUDGES:
McPherson JA, Mackenzie and Atkinson JJ
Separate reasons for judgment of each member of the Court, each concurring as to the orders made.ORDER:
Appeal allowed. Convictions and verdicts set aside. New trial of appellant ordered on counts 2 to 12 in the indictment. Application for leave to appeal against sentence and Attorney-General’s appeal against sentence dismissed.
CATCHWORDS:
EVIDENCE - ADMISSIBILITY AND RELEVANCY - SIMILAR FACTS - TO REBUT DEFENCES - older child injured in similar way as victim - whether evidence admissible to rebut accident defence where there was good reason to suppose defence would be raised
EVIDENCE - ADMISSIBILITY AND RELEVANCY - SIMILAR FACTS - IN GENERAL - RELEVANT PRINCIPLES - two babies were injured in a similar way - improbability injuries were caused by someone other than accused objectively high - whether evidence of mother’s plea of guilty for causing older child’s injuries admissible to show no innocent explanation of accused’s involvement in this victim’s injuries
CRIMINAL LAW - EVIDENCE - CONFESSIONS AND ADMISSIONS - MISCELLANEOUS MATTERS - JOINT TRIAL - two accused tried together where one has confessed to the crime but pleaded not guilty - whether the confession is admissible, although hearsay, “for what it is worth” when the crown did not intend to suggest he was guilty
CRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE - PLEAS - SPECIAL PLEAS - PLEA OF ISSUE ESTOPPEL - GENERAL PRINCIPLES - accused pleaded guilty to a similar crime received light sentence based on claiming accident - whether crown is bound by its behaviour at earlier sentencing hearing
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - PREJUDICIAL - PARTICULAR CASES - judge allowed evidence of opinion of investigating police officer about behaviour during interview of joint accused - whether possible prejudice justifies discharging the jury
CRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE - JURIES - OTHER MATTERS - jury communicated problem reaching verdict to bailiff - judge gave direction to bailiff to give to jury - whether communication from jury should have been considered request for redirection in open court - whether delegation of duty contravenes s 617 and s 620 of the Criminal Code (Qld) - whether violation produces mistrial
Criminal Code (Qld) s 23(1)(b), s 568(10), s 569, s 569(10), s 572, s 617, s 620, s 621, s 668E, s 671A
Jury Act 1995 (Qld) s 54, s 54(1), s 54(2)(a), s 54(3), s 54(4)Black v The Queen (1993) 179 CLR 44, applied
Carroll (2000) 115 A Crim R…
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- AGLC
- R v K; ex parte [2002] QCA 260
- Case
- [2002] QCA 260
- Decision Date
CaseChat Overview and Summary
The court examined the principles governing the admissibility of similar fact evidence to rebut defences. It concluded that the evidence of the mother’s plea of guilty in a similar incident was not admissible to prove the accused's involvement in the death of the child. The court found that the probative value of the evidence did not outweigh its prejudicial effect. Regarding the co-accused's confession, the court ruled that while the confession was inadmissible to prove guilt, it could be considered for what it was worth. The court also addressed procedural issues, determining that the judge’s handling of the jury’s communication did not contravene statutory provisions and did not necessitate a mistrial. The court found that the trial was conducted with procedural fairness and the evidence was properly managed.
The appeal was allowed, and the convictions and verdicts were set aside. A new trial was ordered on certain counts. The application for leave to appeal against the sentence and the Attorney-General’s appeal against the sentence were both dismissed. The decision highlights the court's careful consideration of evidentiary rules, the impact of prior pleas, and the procedural integrity of criminal trials.
Orders
Orders of the court
Appeal allowed. Convictions and verdicts set aside. New trial of appellant ordered on counts 2 to 12 in the indictment. Application for leave to appeal against sentence and Attorney-General’s appeal against sentence 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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