SUPREME COURT OF QUEENSLAND
CITATION: R v Kirkby [2001] QCA 37 PARTIES: R
v
KIRKBY, Gregory Rex
(applicant/appellant)FILE NO/S: CA No 237 of 2000 SC No 818 of 1999 DIVISION: Court of Appeal PROCEEDING: Appeal against Conviction & Sentence ORIGINATING
COURT:District Court at Southport DELIVERED ON: 23 February 2001 DELIVERED AT: Brisbane HEARING DATE: 8 February 2001 JUDGES: de Jersey CJ, Williams JA, Mackenzie J
Separate reasons for judgment of each member of the Court,
each concurring as to the orders madeORDER: Appeal against conviction dismissed.
Application for leave to appeal against sentence refused.CATCHWORDS: CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – UNREASONABLE OR INSUPPORTABLE VERDICT – OTHER GROUNDS – Appellant convicted of grievous bodily harm – Evidence of convicted accomplice critical to Crown’s case - Whether jury verdict was unsafe and unsatisfactory – External support for evidence of accomplice – In all the circumstances verdict not unsafe and unsatisfactory CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – MISDIRECTION AND NON-DIRECTION – GENERAL MATTERS – OTHER MATTERS - Whether Judge directed jury to reject evidence of a witness where inconsistent with that of another witness – Whether Judge misdirected the jury as to motive – Held no misdirection in summing-up R v Barrow [1999] 1 Qd R 628, considered COUNSEL: A J Glynn SC with A J Rafter for the applicant/appellant
M J Byrne QC for the respondentSOLICITORS: Dearden Lawyers for the applicant/appellant
Director of Public Prosecutions (Queensland) for the
respondent
de JERSEY CJ: I would dismiss the appeal against conviction and refuse the application for leave to appeal against sentence. I have had the advantage of reading the reasons for judgment of Williams JA, with which I agree.
WILLIAMS JA: Gregory Rex Kirkby, the appellant, appeals against his conviction for the offence of doing grievous bodily harm to Raymond George Randell.
There is no doubt that on 6 May 1988 Randell was assaulted whilst in his office on the Gold Coast. Indeed there was a formal admission at the trial by counsel for the appellant in the following terms:
“On 6 May 1988 at O’Shea Drive, Nerang, Raymond George Randell sustained injuries constituted by a compound oblique fracture across the frontal bone; a 12 centimetre laceration in a transverse direction over his forehead; a C-shaped laceration behind his left ear; undisplaced fractures of the interior tips of the left ninth and tenth ribs, and that those injuries in combination, constituted grievous bodily harm.”
The person who actually delivered the blows which caused the grievous bodily harm was one Paul James Bonner. He pleaded guilty to a charge of doing grievous bodily harm to Randell and was sentenced on 26 May 1997 to eight years imprisonment. That sentence was upheld on appeal, the judgment being delivered on 15 October 1997.
Earlier, on 11 November 1996, Ronald James Vogler had also pleaded…
Continue reading R v Kirkby
Sign in free to access the full text
- AGLC
- R v Kirkby [2001] QCA 37
- Case
- [2001] QCA 37
- Decision Date
CaseChat Overview and Summary
The court considered whether the accomplice's testimony was sufficiently corroborated to make the jury's verdict safe and satisfactory. It evaluated the credibility and reliability of the accomplice's evidence, including the extent to which it was supported by independent evidence. The court acknowledged the difficulty in relying on accomplice testimony but found that the jury was entitled to accept the evidence if they found it credible. The court also assessed whether the jury’s decision was one that no reasonable jury could have made on the evidence presented.
In examining the evidence, the court determined that while the accomplice’s testimony was critical, it was not the sole evidence upon which the conviction was based. There was additional circumstantial evidence that supported the accomplice’s account. The court concluded that the jury’s verdict, while resting heavily on the accomplice’s testimony, was not so unreasonable as to be unsafe and unsatisfactory. The court found that the jury was entitled to believe the accomplice's evidence, and therefore the verdict was sustainable.
The appeal against the conviction was dismissed. Additionally, the application for leave to appeal against the sentence was refused. This outcome affirms the jury's decision based on the evidence presented at trial, underscoring the principle that the assessment of witness credibility and the weight to be given to evidence lies primarily with the jury.
Orders
Orders of the court
Appeal against conviction dismissed.
Application for leave to appeal against sentence refused.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.