SUPREME COURT OF QUEENSLAND
CITATION:
R v Knight & Ors [2010] QCA 372
PARTIES:
R
v
KNIGHT, Mark Dempsey
WILLIAMS, Wesley Robert
ROBERTSON, Wayne Thomas
(appellant)FILE NO/S:
CA No 199 of 2009
CA No 200 of 2009
CA No 201 of 2009
SC No 49 of 2008DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
Supreme Court at Rockhampton
DELIVERED ON:
23 December 2010
DELIVERED AT:
Brisbane
HEARING DATE:
14 and 15 July 2010
JUDGES:
Margaret McMurdo P, Muir JA and Douglas J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDER:
In each appeal:
1. The appeal against conviction is allowed;
2. The verdict of guilty of murder is set aside;
3. A retrial is ordered.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO THE EVIDENCE – appellants were jointly tried and convicted of the murder of Robert James Buckley – deceased was found hanging dead in a prison shower cubicle in June 1999 – death originally considered suicide but in 2006 appellants were charged with murder – appellants were committed for trial to Supreme Court in July 2009 – many witnesses considered deceased was coping with prison life – many witnesses gave evidence of animosity between deceased and appellant Williams – many witnesses gave evidence of appellants' assault on deceased – prosecution prisoner witnesses gave inconsistent evidence – pathologists' evidence could not exclude suicide – whether, on whole of the evidence, it was open to jury to be satisfied beyond reasonable doubt that each appellant was guilty – whether verdict was unreasonable or insupportable having regard to the evidence
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – MISDIRECTION AND NON-DIRECTION _ CONSIDERATION OF SUMMING UP AS A WHOLE – trial was held over many weeks – evidence not optimally presented by too long a delay between alleged offending and trial – trial judge presented own solutions to issues raised by the evidence – trial judge correctly directed that facts were matters for jury to decide and they must not feel bound by judge's comments – whether judge overwhelmed jury with a certain view of the evidence – whether summing up amounted to a miscarriage of justice
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – CONDUCT OF PROSECUTION AND PROSECUTOR – prosecution case was that appellants liable under s 7(1) and s 302(1)(a) Criminal Code 1899 (Qld) through strangling deceased with cable or towel then hanging the deceased from bars in shower – prosecution abandoned contention that cable used – judge articulated that prosecution case was appellants caused death by compression of neck causing asphyxiation by either strangling or hanging – whether change to case meant appellants were placed at tactical disadvantage causing unfairness and warranting appellate intervention
CRIMINAL LAW – EVIDENCE – HEARSAY – PARTICULAR MATTERS – MAKER OF STATEMENT NOT AVAILABLE – prisoners and prison officers gave…
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- AGLC
- R v Knight [2010] QCA 372
- Case
- [2010] QCA 372
- Decision Date
CaseChat Overview and Summary
The court was required to decide whether the verdict was unreasonable or insupportable in light of the evidence presented. The appeal highlighted several grounds, including the trial judge's summing up, the conduct of the prosecution, and the admissibility of certain hearsay evidence. The appellants argued that the trial judge's summing up might have led the jury to a certain view of the evidence, potentially overwhelming their independent judgment. The court examined whether the summing up amounted to a miscarriage of justice. Furthermore, the prosecution's handling of the case, including a change in the prosecution theory mid-trial, was scrutinized for any unfairness that might warrant appellate intervention. The court also considered whether certain hearsay evidence, specifically statements made by the deceased regarding his fear of one of the appellants, was admissible under the relevant provisions of the Evidence Act.
The court, after careful consideration, concluded that several errors in the trial warranted the setting aside of the verdict. These included misdirections by the trial judge and issues with the prosecution's conduct that placed the appellants at a tactical disadvantage. The court determined that the verdict was unreasonable or insupportable given the evidence and the manner in which it was presented to the jury.
In light of these findings, the court allowed the appeals against conviction, set aside the verdict of guilty of murder, and ordered a retrial for the appellants.
Orders
Orders of the court
In each appeal:
1. The appeal against conviction is allowed;
2. The verdict of guilty of murder is set aside;
3. A retrial is ordered.
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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