SUPREME COURT OF QUEENSLAND
CITATION:
R v Main and Fauid [2012] QCA 80
PARTIES:
R
v
MAIN, Madonna Carol
(appellant)R
v
FAUID, John Henry
(appellant/applicant)FILE NO/S:
CA No 88 of 2011
CA No 93 of 2011
DC No 1057 of 2009DIVISION:
Court of Appeal
PROCEEDING:
Appeals against Conviction
Sentence Application – FauidORIGINATING COURT:
District Court at Cairns
DELIVERED ON:
3 April 2012
DELIVERED AT:
Brisbane
HEARING DATE:
23 November 2011
JUDGES:
Chesterman JA, Margaret Wilson AJA and Mullins J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDER:
In CA No 88 of 2011:
1. Appeal against conviction allowed to the extent only of quashing the circumstance of aggravation of “in company”.
2. Appeal against conviction otherwise dismissed.
In CA No 93 of 2011:
1. Appeal against conviction allowed to the extent only of quashing the circumstance of aggravation of “in company”.
2. Appeal against conviction otherwise dismissed.
3. Application for leave to appeal against sentence refused.
CATCHWORDS:
CRIMINAL LAW – EVIDENCE – IDENTIFICATION EVIDENCE – DIRECTION TO JURY – WHETHER WARNING REQUIRED OR ADVISABLE – where appellants convicted of armed robbery – where the case against the appellants was an identification case – where the identification of the female appellant as the robber was critical to the case against both appellants – where the identification of the robber was based on physical characteristics and circumstantial evidence – whether Domican v The Queen (1992) 173 CLR 555 direction should have been given to the jury
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the applicant was sentenced to five and one-half years’ imprisonment for armed robbery – where the applicant was not the robber but was involved in planning, reconnaissance, and acted as lookout for the robber – where applicant was 36 years old with prior criminal history but no prior conviction for armed robbery – whether the sentence imposed was manifestly excessive
Criminal Code 1899 (Qld), s 7
Domican v The Queen (1992) 173 CLR 555; [1992] HCA 13, considered
Festa v The Queen (2001) 208 CLR 593; [2001] HCA 72, considered
Finlay v The Queen [2009] HCATrans 17, followed
Lacco v State of Western Australia [2006] WASCA 152, considered
R v Finlay (2007) 178 A Crim R 373; [2007] QCA 400, followed
R v Kitching[2003] QCA 539, considered
R v Moss[1999] QCA 426, considered
R v Vanderwerff[1999] QCA 169, consideredCOUNSEL:
In CA No 88 of 2011:
R A East for the appellant
R G Martin SC for the respondentIn CA No 93 of 2011:
K Prskalo for the appellant/applicant
R G Martin SC for the respondentSOLICITORS:
Legal Aid Queensland for the appellants
Director of Public Prosecutions (Queensland) for the respondent
CHESTERMAN JA: I agree with the orders proposed by Mullins J for the reasons…
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- Case
- [2012] QCA 80
- Decision Date
CaseChat Overview and Summary
The High Court examined the nature of the identification evidence and whether it warranted a Domican direction. The Court held that while the identification evidence was weak, it was not so unreliable as to require a Domican direction. The direction given by the trial judge was deemed sufficient. However, the Court found that the circumstance of aggravation of "in company" was not supported by the evidence and should be quashed. As for the sentence, the Court found that while the sentence was severe, it was not manifestly excessive given the appellant's prior criminal history and the nature of his involvement in the crime.
The appeal against the conviction was partially allowed in that the circumstance of aggravation of "in company" was quashed. The appeal against the conviction was otherwise dismissed. The application for leave to appeal against the sentence was refused. The Court of Appeal's decision was affirmed with the modification that the circumstance of aggravation of "in company" was quashed, and the sentence remained as imposed by the trial judge.
Orders
Orders of the court
In CA No 88 of 2011:
1. Appeal against conviction allowed to the extent only of quashing the circumstance of aggravation of “in company”.
2. Appeal against conviction otherwise dismissed.
In CA No 93 of 2011:
1. Appeal against conviction allowed to the extent only of quashing the circumstance of aggravation of “in company”.
2. Appeal against conviction otherwise dismissed.
3. Application for leave to appeal against sentence refused.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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