SUPREME COURT OF QUEENSLAND
CITATION: R v Lowrie & Ross [2000] QCA 405 PARTIES: R
v
LOWRIE, Kerry Catherine
(appellant)
ROSS, Kerri-Leah Michelle
(appellant)FILE NO/S: CA No 95 of 2000
CA No 92 of 2000
SC No 115 of 1997DIVISION: Court of Appeal PROCEEDING: Appeal against Conviction ORIGINATING COURT: Supreme Court at Cairns
DELIVERED ON: 3 October 2000 DELIVERED AT: Brisbane HEARING DATE: 11 September 2000 JUDGE: McPherson and Thomas JJA, Muir J
Separate reasons for judgment of each member of the Court, each concurring as to the orders made
ORDER: Appeals against conviction dismissed. CATCHWORDS: CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – IMPROPER ADMISSION OR REJECTION OF EVIDENCE – GENERAL PRINCIPLES
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – MISDIRECTION AND NON-DIRECTION – GENERAL MATTERS – JOINT TRIAL OF SEVERAL PERSONS - whether jury sufficiently instructed on the particular acts of the appellant said to support conviction pursuant to s7(1)(b) and 7(1)(c) of the Criminal Code – where Crown unable to specify the particular acts of the two appellants said to constitute liability pursuant to s7
CRIMINAL LAW – EVIDENCE – CORROBORATION – WARNING REQUIRED OR ADVISABLE – ACCOMPLICES – GENERALLY - whether error in failing to direct jury to exercise caution in using evidence of co-accused
CRIMINAL LAW – EVIDENCE – IMPEACHMENT OF CREDIT AND ADMISSIBILITY OF EVIDENCE AS TO CREDIT – EVIDENCE IN CONTRADICTION – whether trial judge erred in refusing to admit evidence disproving co-accused’s denial of having asked for indemnity when giving a statement to police – whether evidence fell within bias exception to the finality rule – whether error in refusing to allow cross-examination by reference to sealed s13A material of witness who had denied having acted as a police informant – evidence offending finality rule and/or hearsay rule
Criminal Code (Qld), s 7(1)(b), s 7(1)(c)
Lowrie & Ross (1999) 106 A Crim R 565, referred to
R v Mogg [2000] QCA 244, CA No 317 of 1999, 20 June 2000, cited
Jeffrey CA 154 of 1997, 19 December 1997, referred to
Webb v The Queen (1994) 181 CLR 41, referred to
Robinson v The Queen (1991) 180 CLR 531, referred toLongman v The Queen (1988) 168 CLR 79, cited
R v LSS [1998] QCA 303, CA No 128 of 1998, 2 October 1998, considered
Palmer v The Queen (1998) 193 CLR 1, cited
R v Yousry (1914) 11 Cr App R 13, cited
D v National Society for the Prevention of Cruelty to Children [1978] AC 171, cited
Smith (1996) 86 A Crim R 308, cited
COUNSEL: A J Rafter for the appellant Lowrie
P Callaghan for the appellant Ross
L J Clare for the respondentSOLICITORS: Legal Aid Queensland for the appellant Lowrie
Legal Aid Queensland for the appellant Ross
Director of Public Prosecutions (Queensland) for the…
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- AGLC
- R v Lowrie & Ross [2000] QCA 405
- Case
- [2000] QCA 405
- Decision Date
CaseChat Overview and Summary
The court examined whether the jury had been properly instructed regarding the specific acts of the appellants that were alleged to constitute the criminal offences. Additionally, the court considered whether the trial judge had erred in failing to direct the jury to exercise caution when using the evidence of co-accused. The appellants argued that the trial judge should have warned the jury about the potential unreliability of accomplice evidence. The court also reviewed whether there was an error in the trial judge's refusal to admit evidence that would have disproven a co-accused's denial of requesting indemnity when making a statement to the police. Furthermore, the appellants contended that the trial judge should have allowed cross-examination of a witness using sealed material under section 13A of a relevant Act.
The court found that there were no grounds to overturn the convictions. The jury had been adequately instructed, and the evidence presented was sufficient to support the convictions. The court held that the trial judge did not err in the manner in which evidence was admitted or in the instructions given to the jury. Consequently, the appeals against the convictions were dismissed.
Orders
Orders of the court
Appeals against conviction 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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