R v MacKenzie

[2000] QCA 324

SUPREME COURT OF QUEENSLAND

CITATION:

R v MacKenzie [2000] QCA 324

PARTIES:

THE QUEEN
v
MACKENZIE, Lorna Margaret
(appellant/applicant)

FILE NO/S:

CA No 353 of 1999
SC No 522 of 1999

DIVISION:

Court of Appeal

PROCEEDING:

Appeal against Conviction & Sentence

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

11 August 2000

DELIVERED AT:

Brisbane

HEARING DATE:

31 March 2000; 2 May 2000

JUDGES:

McMurdo P, McPherson JA, Dutney J
Separate reasons for judgment of each member of the Court; McMurdo P and Dutney J concurring as to the orders made, McPherson JA dissenting in part

ORDER:

Application for leave to appeal against conviction dismissed. Application for leave to appeal against sentence granted. Appeal against sentence allowed by vacating the sentence imposed at first instance and substituting a sentence of five years imprisonment with a recommendation for parole after 12 months.

CATCHWORDS:

CRIMINAL LAW – PARTICULAR OFFENCES – OFFENCES AGAINST THE PERSON – HOMICIDE – MANSLAUGHTER – CRIMINAL NEGLIGENCE – where appellant shot husband with a gun she believed to be unloaded – where appellant could recall little of the event in question

CRIMINAL LAW – GENERAL MATTERS – CRIMINAL LIABILITY AND CAPACITY – DEFENCE MATTERS – ACCIDENT – EVENT OCCURRING BY ACCIDENT OR CHANCE – where appellant claimed to have tripped with the result that the gun discharged

CRIMINAL LAW – PARTICULAR OFFENCES – OFFENCES AGAINST THE PERSON – HOMICIDE – MURDER – CODE PROVISIONS – where the appellant was originally charged with murder – where the Crown would have found its evidential burden difficult with respect to intent – where a charge of manslaughter was then offered in exchange for a plea of guilty – where guilty plea was then entered and applicant sentenced on that basis

CRIMINAL LAW – GENERAL MATTERS – CRIMINAL LIABILTY AND CAPACITY – DEFENCE MATTERS – SELF-DEFENCE AND OTHER FORMS OF DEFENCE – PARTICULAR CASES – where appellant was a “battered wife” – whether this line of defence was open to appellant on the facts

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST CONVICTION RECORDED ON PLEA OF GUILTY – GENERAL PRINCIPLES – where appellant claimed that her guilty plea was not entered into with adequate legal advice – where the advice complained of was not claimed to be “flagrantly incompetent” but something less serious – whether the appellant’s guilty plea was free and voluntary or whether it was entered without a proper appreciation of the consequences – whether these factors justified setting aside the plea

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – PLEAS – GENERAL PLEAS – PLEA OF GUILTY – EFFECT

CRIMINAL LAW – JURISDICTON, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – MISCELLANEOUS MATTERS – PLEA OF GUILTY, CONTRITION AND CO-OPERATION – GENERALLY – where applicant sought to withdraw her guilty plea on appeal – whether the original guilty plea was now able to be used as a matter…