R v Lennox

[2007] QCA 383

SUPREME COURT OF QUEENSLAND

CITATION:

R v Lennox [2007] QCA 383

PARTIES:

R
v
LENNOX, Craig Anthony
(appellant)

FILE NO/S:

CA No 284 of 2006
SC No 792 of 2005

DIVISION:

Court of Appeal

PROCEEDING:

Appeal against Conviction

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

9 November 2007

DELIVERED AT:

Brisbane

HEARING DATE:

25 October 2007

JUDGES:

Williams and Holmes JJA and Dutney J
Separate reasons for judgment of each member of the Court, each concurring as to the order made

ORDER:

Appeal dismissed

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – UNREASONABLE OR INSUPPORTABLE VERDICT – WHERE APPEAL DISMISSED – where appellant convicted of murder and stealing – where appellant pleaded guilty at trial to stealing and manslaughter – where plea of guilty to manslaughter not accepted – whether evidence led at trial could support a finding of the relevant intent – whether counsel for the appellant at trial failed to properly advise the appellant in relation to entering a plea of guilty to manslaughter

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – IMPROPER ADMISSION OR REJECTION OF EVIDENCE – OTHER CASES – where police interview was conducted with the appellant – whether objection should have been taken to the admission of video evidence of interview in circumstances where there was not strict compliance with s 249 Police Powers and Responsibilities Act 2000 – whether there was substantial compliance when advising the appellant of his rights

Police Powers and Responsibilities Act2000 (Qld), s 249, s 253
Police Powers and Responsibilities Regulation 2000 (Qld), reg 34(1)

Edwards v The Queen (1993) 178 CLR 193, cited
Peacock v The King (1911) 13 CLR 619, cited
Plomp v The Queen (1963) 110 CLR 234, applied
R v Ali [2001] QCA 331, cited
R v Box & Martin [2001] QCA 272, cited
R v Burdett (1820) 4 B & Ald 95; 106 ER 873, cited
R v Ciantar [2006] VSCA 263, cited
R v Makin (1893) 14 LR(NSW) 1, applied
R v Rice (1996) 2 VR 406, applied
R v Ryan (1906) St R Qd 15, cited
R v Wehlow (2001) 122 A Crim R 63; [2001] QCA 193, cited

COUNSEL:

J A Griffin QC, with D F Mylne, for the appellant (pro bono)
M J Copley for the respondent

SOLICITORS:

No appearance for the appellant
Director of Public Prosecutions (Queensland) for the respondent

1. WILLIAMS JA: The appellant was convicted after a trial in the Supreme Court of murder.  He appeals against his conviction and was given leave to amend his grounds of appeal so that they read:

"1.That the conviction of the appellant on 21^st September 2006 was unsafe and unsatisfactory and the verdict ought to be set aside on the ground that it is unreasonable and cannot be supported by the evidence. 

2.That the…