SUPREME COURT OF QUEENSLAND
CITATION:
R v Lace [2002] QCA 205
PARTIES:
R
v
LACE, Allan James
(appellant)FILE NO/S:
CA No 346 of 2001
SC No 102 of 2000DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction and Sentence
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
14 June 2002
DELIVERED AT:
Brisbane
HEARING DATE:
4 April 2002
JUDGES:
McMurdo P, Helman and Wilson JJ
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
Appeal against conviction dismissed
Application for leave to appeal against sentence refusedCATCHWORDS:
CRIMINAL LAW – JURISDICTION PRACTICE AND PROCEDURE – JURIES – DISCHARGE AND EXCUSING FROM ATTENDANCE – PUBLICITY - where appellant convicted of murder – where newspaper article discloses that appellant’s prior conviction for this offence overturned by the Court of Appeal – where primary judge directed jury about article - whether primary judge should have discharged jury
APPEAL AND NEW TRIAL – NEW TRIAL – IN GENERAL AND PARTICULAR GROUNDS – MISDIRECTION OR NON-DIRECTION – DIRECTIONS - where appellant admitted shooting victim – where defence contended appellant did not have intention to cause the death of or grievous bodily harm to the victim – where defence contended appellant was affected by heroin and mistakenly thought the revolver was unloaded and killed the victim - whether primary judge’s directions on grievous bodily harm could lead jury to conclude intention was not in doubt –where primary judge’s directions made clear intention was a critical issue – where primary judge did not misdirect jury
APPEAL AND NEW TRIAL – NEW TRIAL – IN GENERAL AND PARTICULAR GROUNDS – MISDIRECTION OR NON-DIRECTION – DIRECTIONS -
where evidence of a recorded conversation between the appellant and others – where appellant refers to pleading guilty to manslaughter “if the worst comes to the worst” - where primary judge directed that conversation is "totally inconsistent" with appellant’s explanation of an accident – where direction given while summing up evidence of the appellant’s state of mind at the time of the shooting, relevant to intention - where primary judge compared the actions and statements of the appellant after the shooting to his later explanation to police and evidence at trial – where primary judge emphasised that the jury could reject judge's view of the evidence – where primary judge did not misdirect juryCRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PRACTICE: AFTER CRIMINAL APPEAL LEGISLATION – POWER TO MAKE ORDERS AS TO TIME COUNTED AS PART OF SENTENCE - where applicant has been continuously in custody since he was first sentenced to life imprisonment on 1 November 2000 – where on 30 January 2001 appellant was sentenced to 12 months imprisonment concurrent with life sentence for offence of breaking and entering – where appeal against conviction for murder was allowed on 4 July 2001 - where primary judge declared 524 days imprisonment served during period from 9 July 1999 until 30…
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- AGLC
- R v Lace [2002] QCA 205
- Case
- [2002] QCA 205
- Decision Date
CaseChat Overview and Summary
The primary issues before the court were whether the primary judge should have discharged the jury following a newspaper article that disclosed the appellant's prior conviction for the same offence had been overturned by the Court of Appeal, if the primary judge misdirected the jury with respect to the appellant's intention and state of mind at the time of the shooting, and whether the primary judge correctly calculated the time the appellant had already served towards his sentence. The court examined the directions given by the primary judge to the jury and whether they could lead to a conclusion that the appellant's intention was not in doubt. Additionally, the court assessed if the primary judge's comparison of the appellant's actions and statements after the shooting with his later explanation to the police and evidence at trial was appropriate and whether it amounted to a misdirection.
The court found that the primary judge did not err in not discharging the jury as the directions given were adequate and did not misdirect the jury on the issue of intention. The court held that the primary judge did not misdirect the jury on the issue of the appellant's intention and state of mind at the time of the shooting. Furthermore, the court held that the primary judge correctly calculated the time the appellant had already served towards his sentence. Consequently, the appeal against the conviction was dismissed, and the application for leave to appeal against the sentence was refused.
In conclusion, the court dismissed the appeal against the conviction and refused the application for leave to appeal against the sentence. The court found that the primary judge's directions to the jury were appropriate and did not misdirect them on the issue of the appellant's intention and state of mind at the time of the shooting. The court also held that the primary judge correctly calculated the time the appellant had already served towards his sentence.
Orders
Orders of the court
Appeal against conviction dismissed
Application for leave to appeal against sentence refused
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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