SUPREME COURT OF QUEENSLAND
CITATION:
R v Lacey [2009] QCA 275
PARTIES:
R
v
LACEY, Jade Michael
(applicant/appellant)FILE NO/S:
CA No 123 of 2009
SC No 920 of 2009DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction & Sentence
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
11 September 2009
DELIVERED AT:
Brisbane
HEARING DATE:
15 July 2009; 16 July 2009
JUDGES:
Chief Justice, McMurdo P, Keane, Muir and Chesterman JJA
Joint reasons for judgment of Chief Justice and Keane, Muir and Chesterman JJA; separate reasons of McMurdo P, dissenting in partORDERS:
1. Appeal against conviction dismissed
2. Application for leave to appeal against sentence dismissed.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – MISDIRECTION OR NON-DIRECTION – where appellant was convicted after trial of wounding with intent to maim – where primary judge did not explicitly summarise counsel for the appellant’s argument in summing up – whether primary judge failed to put the appellant’s case to the jury
CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO THE EVIDENCE – APPEAL DISMISSED – where appellant raised defence of self- defence – whether jury was bound to have a reasonable doubt about whether the appellant acted in self-defence – whether jury verdict was unsafe and unsatisfactory
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where upon being convicted, after trial, of unlawful wounding with intent, the appellant was sentenced to five years imprisonment – where primary judge reduced a notional seven years imprisonment by two years to take into account non-declarable pre-sentence custody but did not fix an earlier parole eligibility date – where, as a result, appellant will serve four and a half years in actual custody and will be eligible to apply for parole after serving 65 per cent of an effective seven year sentence – whether sentence manifestly excessive
Criminal Code 1899 (Qld), s 23, s 271, s 272, s 317, s 688E
Penalties and Sentences Act 1992 (Qld), s 161B, Part 9AAB v The Queen (1999) 198 CLR 111; [1999] HCA 46, cited
Dhanhoa v The Queen (2003) 217 CLR 1; [2003] HCA 40, cited
Domican v The Queen (1992) 173 CLR 555; [1992] HCA 13, cited
Fingleton v The Queen (2005) 227 CLR 166; [2005] HCA 34, cited
Lacey v DPP (Qld); Lacey v DPP [2007] QCA 413, cited
M v The Queen (1994) 181 CLR 487; [1994] HCA 63, cited
MFA v The Queen (2002) 213 CLR 606; [2002] HCA 53, cited
R v Ainsworth [2000] QCA 163, cited
R v Assurson (2007) 174 A Crim R 78; [2007] QCA 273, cited
R v Aziz [1982] 2 NSWLR 322, cited
R v Clarke (2005) 159 A Crim R 281; [2005] QCA 483, cited
R vCourtney-Smith (No 2)
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- AGLC
- R v Lacey [2009] QCA 275
- Case
- [2009] QCA 275
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the primary judge's failure to summarise the self-defence argument constituted a misdirection or non-direction, and if so, whether it was significant enough to warrant a new trial. Additionally, the court had to determine whether the jury's verdict was unreasonable or insupportable given the evidence, and whether the sentence was manifestly excessive. The court considered whether the failure to summarise the self-defence argument led to a miscarriage of justice and whether the sentence imposed was disproportionate.
The court found that the primary judge's summing up did not result in a significant misdirection or non-direction, as the jury was adequately directed on the elements of the offence and the defence of self-defence. The court held that the jury was entitled to reject the self-defence argument based on the evidence presented. The verdict was deemed safe and satisfactory, and the sentence, while harsh, did not reach the threshold of being manifestly excessive. The court concluded that the appellant's conviction should stand, and the appeal against both the conviction and the sentence was dismissed.
The orders of the court were that the appeal against the conviction be dismissed and the application for leave to appeal against the sentence be dismissed. The appellant's conviction for unlawful wounding with intent to maim was upheld, and the sentence of five years imprisonment, with a non-parole period of four and a half years, was affirmed.
Orders
Orders of the court
1. Appeal against conviction dismissed
2. Application for leave to appeal against sentence dismissed.
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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