R v Kissier

In the case of R v Kissier, the appellant sought to appeal his convictions and sentence following his involvement in an attack on the complainant. The primary judge had denied the appellant's pre-trial application for a no-jury trial, despite concerns about adverse pre-trial publicity. The appellant also sought to introduce new evidence from witnesses, including the co-offender's sister, regarding the timing and outcome of a separate incident involving the complainant. The appellant challenged the adequacy of the trial judge's directions to the jury concerning the complainant's credibility and the impact of his convictions on his testimony. The appellant further argued that the jury's verdict was unreasonable given the evidence presented. The final point of appeal was the appellant's contention that his sentence was manifestly excessive.

The court considered whether the primary judge's refusal of the no-jury trial application was appropriate in light of the appellant's concerns about pre-trial publicity. The court assessed whether the appellant's application for new evidence should have been allowed and if the trial judge's directions to the jury about the complainant's credibility were adequate. The court examined whether the jury's verdict was open on the evidence and whether the appellant's sentence was manifestly excessive. The court found that the primary judge's decision to refuse the no-jury trial was within their discretion. The court determined that the proposed new evidence was not material and that the trial judge's directions to the jury were sufficient. The court found that the jury's verdict was open on the evidence, and the sentence imposed was not manifestly excessive.

The court dismissed the appeal against conviction and refused the application for leave to appeal against sentence. The court also denied the appellant's application to adduce new evidence from Veronica Kissier and Sasha Rose McLean. The court ordered that the appellant serve the remaining six months of the suspended sentence imposed at the District Court at Mackay on 16 July 2007 concurrently with the sentences imposed on 9 September 2010.