SUPREME COURT OF QUEENSLAND
CITATION:
R v Keenan [2007] QCA 440
PARTIES:
R
v
KEENAN, Francis Robert
(appellant)FILE NO/S:
CA No 78 of 2007
SC No 120 of 2007DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction & Sentence
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
11 December 2007
DELIVERED AT:
Brisbane
HEARING DATE:
17 August 2007
JUDGES:
McMurdo P, Holmes JA and Atkinson J
Judgment of the CourtORDER:
1. Appeal against conviction allowed and conviction set aside
2. Verdicts of acquittal entered for the offence of malicious act with intent under s 317(e) Criminal Code 1899 (Qld) and for the offence of grievous bodily harm simpliciter under s 320 Criminal Code 1899 (Qld)CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – MISCARRIAGE OF JUSTICE – PARTICULAR CIRCUMSTANCES INVOLVING MISCARRIAGE – MISDIRECTION AND NON-DIRECTION – where the appellant and two co-accused were charged with attempted murder and alternatively with doing grievous bodily harm with intent – where appellant acquitted of attempted murder but convicted of grievous bodily harm with intent – whether adequate directions were given regarding s 8 Criminal Code 1899 (Qld) – where the jury should have been directed that they must be satisfied that the co-accused's act of causing grievous bodily harm (the doing of an act rendering the principle offender liable to punishment) was the probable consequence of the common intention between the appellant and co-accused – whether a miscarriage of justice resulted
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – MISDIRECTION AND NON-DIRECTION – WHERE GROUNDS FOR INTERFERENCE WITH VERDICT – GENERALLY – where jury directions on inferences did not sufficiently deal with competing rational inferences favourable to the appellant – where the directions did not meet the requirements set out in Knight v The Queen (1992) 175 CLR 495
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – MISDIRECTION AND NON-DIRECTION – WHERE GROUNDS FOR INTERFERENCE WITH VERDICT – GENERALLY – where the jury was misdirected as to s 8 Criminal Code 1899 (Qld) and the drawing of inferences – whether a retrial should be ordered
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – ALTERNATIVE VERDICTS – where the alternative verdict of grievous bodily harm simpliciter should have been left for the jury's consideration
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – GENERAL PRINCIPLES – where sentence of life imprisonment for grievous bodily harm with intent not appropriate
Criminal Code 1899 (Qld), s 2, s 7, s 8, s 9, s 10A, s 317(e), s 320, s 575, s 579(2)
Darkan v The Queen (2006) 227 CLR 373, applied
Knight v The Queen (1992) 175 CLR 495,…
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- R v Keenan [2007] QCA 440
- Case
- [2007] QCA 440
- Decision Date
CaseChat Overview and Summary
The legal issues revolved around whether there were misdirections and non-directions to the jury, which could lead to a miscarriage of justice. The key question was whether the jury was properly directed on the necessity of finding that the co-accused's actions causing grievous bodily harm were a probable consequence of the common intention. The appeal also considered whether the jury directions on inferences did not sufficiently address competing rational inferences favourable to the appellant. The court had to determine if the misdirection warranted a retrial and whether the omission of the alternative verdict of grievous bodily harm simpliciter constituted an error.
The Court of Appeal found that there were indeed misdirections and non-directions to the jury. The directions given did not adequately address the principles set out in Knight v The Queen, which require clear instructions on how to draw inferences from the evidence. The court held that the jury should have been directed that they must be satisfied that the co-accused's act of causing grievous bodily harm was a probable consequence of the common intention. The failure to direct the jury properly constituted a miscarriage of justice. Additionally, the court found that the omission of the alternative verdict of grievous bodily harm simpliciter was an error. The sentence of life imprisonment was also deemed inappropriate given the circumstances.
The Court of Appeal allowed the appeal against the conviction, set aside the conviction, and entered verdicts of acquittal for the offences of malicious act with intent and grievous bodily harm simpliciter. The court's decision highlights the importance of proper jury directions in criminal trials to ensure a fair process and accurate verdicts.
Orders
Orders of the court
1. Appeal against conviction allowed and conviction set aside
2. Verdicts of acquittal entered for the offence of malicious act with intent under s 317(e) Criminal Code 1899 (Qld) and for the offence of grievous bodily harm simpliciter under s 320 Criminal Code 1899 (Qld)
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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