SUPREME COURT OF QUEENSLAND
CITATION:
R v Licciardello [2017] QCA 286
PARTIES:
R
v
LICCIARDELLO, Anthony Robert
(appellant)FILE NO/S:
CA No 49 of 2017
DC No 558 of 2016DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
District Court at Brisbane – Date of Conviction: 23 February 2017 (Moynihan QC DCJ)
DELIVERED ON:
22 November 2017
DELIVERED AT:
Brisbane
HEARING DATE:
11 August 2017
JUDGES:
Sofronoff P and McMurdo JA and Douglas J
ORDER:
Appeal dismissed.
CATCHWORDS:
CRIMINAL LAW – GENERAL MATTERS – ANCILLARY LIABILITY – COMPLICITY – AID, ABET, COUNSEL OR PROCURE – KNOWLEDGE – where the appellant was found guilty of two offences which were committed during an altercation between two groups of men in a street – where the appellant appealed against his conviction for unlawfully doing grievous bodily harm – where the prosecution had argued that the jury could convict the appellant by one of several routes, including by s 7(1)(b) or s 7(1)(c) of the Criminal Code (Qld) – where the trial judge directed the jury that the prosecution had to prove that the defendant had ‘actual knowledge or an expectation of the essential facts of that offence. That is, all the essential matters which make the acts done a crime.’ – where the appellant argued that this direction was inadequate because it left it open to the jury to convict if satisfied that the appellant knew or expected a simple assault upon the complainant, regardless of what he knew or expected about the seriousness of that assault or its consequences – whether the appellant needed to know or expect something of the likely result of the assault, or merely needed to know of the assault, to be found guilty under s 7(1)(b) or s 7(1)(c) of the Code
Criminal Code (Qld), s 2, s 7(1)(b), s 7(1)(c), s 320(1)
Giorgianni v The Queen (1985) 156 CLR 473; [1985] HCA 29, considered
Johnson v Youden [1950] 1 KB 544; [1950] 1 All ER 301, cited
R v Barlow (1997) 188 CLR 1; [1997] HCA 19, cited
R v Beck [1990] 1 Qd R 30, considered
R v Brown (2007) 171 A Crim R 345; [2007] QCA 161, considered
R v Da Costa[2005] QCA 385, disapproved
R v Jeffrey [2003] 2 Qd R 306; [1997] QCA 460, distinguished
R v Pascoe[1997] QCA 452, citedCOUNSEL:
M J Copley QC for the appellant
M Cowen QC for the respondentSOLICITORS:
Mulcahy Ryan Lawyers for the appellant
Director of Public Prosecutions (Queensland) for the respondent
SOFRONOFF P: I agree with the reasons of McMurdo JA and with the order his Honour proposes.
McMURDO JA: After a trial by jury in the District Court, the appellant was found guilty of two offences, which were committed during an altercation between two groups of men in a street outside a hotel in Fortitude Valley. He appealed against those convictions but now presses his appeal against only one…
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- AGLC
- R v Licciardello [2017] QCA 286
- Case
- [2017] QCA 286
- Decision Date
CaseChat Overview and Summary
The Queensland Court of Appeal examined the legal principles established in previous cases, notably R v Brown, to resolve this issue. The Court noted that under s 7(1)(b) or s 7(1)(c), a person is criminally responsible if they aid, abet, counsel, or procure the commission of an offence with knowledge of the essential facts constituting the offence. The Court held that to be found guilty under these sections, the appellant needed to know that the principal offender was committing an offence, which in this case was constituted by the conduct of assaulting the complainant. The Court concluded that it was not necessary for the appellant to know or expect the likely result of the assault, but merely that he knew or expected the conduct constituting the offence of assault was occurring or would occur.
The Court dismissed the appeal, holding that the trial judge's direction to the jury was sufficient under the law. The Court found that the appellant's knowledge of the essential facts of the offence was adequately captured by the trial judge's direction, and that the jury could properly convict him based on this knowledge. The Court's decision confirmed that the appellant's conviction for unlawfully doing grievous bodily harm was upheld, and the appeal was dismissed.
Orders
Orders of the court
Appeal dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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