SUPREME COURT OF QUEENSLAND
CITATION:
R v Micallef; R v Lourens [2025] QCA 21
PARTIES:
In CA No 127 of 2024:
R
v
MICALLEF, Jake Michael
(appellant)In CA No 128 of 2024:
R
v
LOURENS, Jason Rudi
(appellant)FILE NO/S:
CA No 127 of 2024
CA No 128 of 2024
DC No 106 of 2023DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
District Court at Maroochydore – Date of Convictions: 28 May 2024 (Long SC DCJ)
DELIVERED ON:
4 March 2025
DELIVERED AT:
Brisbane
HEARING DATE:
11 February 2025
JUDGES:
Mullins P, Gotterson AJA, Henry J
ORDERS:
1. Appeals allowed.
2. Convictions of both appellants on count 2 set aside.
3. New trial ordered on count 2.
CATCHWORDS:
APPEAL AND NEW TRIAL – NEW TRIAL – IN GENERAL AND PARTICULAR GROUNDS – PARTICULAR GROUNDS – MISDIRECTION OR NON-DIRECTION – where the appellants were each convicted after a trial on a charge of grievous bodily harm – where the defences of self-defence and aiding in self-defence as per ss 271 and 273 of the Criminal Code (Qld) were raised – where the learned trial judge made an exclusionary effect direction whereby the jury were directed that if they accepted the complainant’s evidence the defences of self-defence and aiding in self-defence would not arise – whether mixed interpretations of the complainant’s evidence were open – whether the learned trial judge’s direction unduly confined the jury’s task
APPEAL AND NEW TRIAL – NEW TRIAL – IN GENERAL AND PARTICULAR GROUNDS – PARTICULAR GROUNDS – MISDIRECTION OR NON-DIRECTION – where the appellants were each convicted after a trial on a charge of grievous bodily harm – where during said trial, the court received a note from the jury asking if it could return separate verdicts for each defendant – where the learned trial judge directed the jury that because of the circumstances of the case the jury’s answer would be ‘both guilty or both not guilty’ – whether it was an error to confine the jury to returning the same verdicts against both defendants – whether this error caused a miscarriage of justice
APPEAL AND NEW TRIAL – NEW TRIAL – IN GENERAL AND PARTICULAR GROUNDS – PARTICULAR GROUNDS – MISDIRECTION OR NON-DIRECTION – where the appellants were convicted after a trial on a charge of grievous bodily harm – where the learned trial judge directed the jury on the defences of self-defence and aiding self-defence per ss 271 and 273 of the Criminal Code (Qld) – where the learned trial judge also directed the jury on excessive force per s 283 of the Criminal Code (Qld) – whether the learned trial judge was in error to refer to s 283 of the Criminal Code (Qld) – whether any such error risked the jury misunderstanding the proper defence tests
Criminal Code (Qld), s 271, s 273, s 283
HML v The Queen (2008) 235 CLR 334; [2008] HCA 16, cited
R v Burton[2003] QCA 370, applied
Keep reading for free
Create a free CaseChat account to read R v Micallef; R v Lourens and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2025] QCA 21
- Decision Date
CaseChat Overview and Summary
The court found that the complainant's evidence was not entirely consistent, particularly regarding the sequence of events and the actions of the parties involved. This inconsistency meant that there were multiple interpretations of the evidence open to the jury, which could have led to different conclusions about the applicability of the defences. The trial judge's exclusionary effect direction, which suggested that if the jury accepted the complainant’s evidence, the defences of self-defence and aiding in self-defence would not apply, was seen as unduly limiting the jury's consideration of the evidence. Additionally, the court determined that it was an error to restrict the jury to a unanimous verdict for both defendants, as it did not allow for individual consideration of each defendant's actions.
The court concluded that the misdirections by the trial judge likely caused a miscarriage of justice, leading to an unfair trial. The references to excessive force under section 283 of the Criminal Code (Qld) were deemed unnecessary but did not contribute to any misunderstanding of the defence tests. The court ordered a new trial on count 2, allowing for the proper consideration of the evidence and the defences of self-defence and aiding in self-defence. The appeals were allowed, and the convictions on count 2 were set aside.
Orders
Orders of the court
1. Appeals allowed.
2. Convictions of both appellants on count 2 set aside.
3. New trial ordered on count 2.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
There was other imprecision in the complainant’s evidence, including when the broken jaw was suffered. More relevantly to this appeal, there was also variability about any cessation of violence by the complainant before he ended up on the ground being assaulted. That variability, explained in greater detail below, meant more than one view of the complainant’s evidence was open on the topic.2. It was an error to confine consideration of defences to count 2 to consideration of whether the jury accepted the complainant’s account.The complainant’s account was the main source of evidence justifying consideration of the defences of self-defence and aiding in self-defence in count 2 The complainant’s account was the principal source of evidence in support of the conclusion, which is not in dispute, that the defences of self-defence and aiding in self-defence reasonably arose for the jury’s consideration. There was little other evidence of what had occurred during the second episode. Unlike the first episode, there were no eyewitnesses to the second episode. Micallef and Lourens did not give evidence, although evidence of their brief accounts to others was led. When Lourens was spoken to by police who arrived later that night, he said of the episode downstairs that after the complainant had smashed a bottle over his head he had jumped the fence, chased the complainant down the road and ‘kicked the shit out him’. He said he had wanted to kill him at that point. That drunken admission’s reference to a chase down the road did not fit comfortably with the complainant’s eventual version of events. Lourens’ account of the second episode in his later interview with police when sober was sparse. He explained he had been ‘wasted’. He recalled he was ‘bottled’ over the top of the gate and ‘got into an altercation’ of which he could recall no detail. Micallef said in a police interview that his only physical involvement in any episode that night was when he had intervened to split up the fight upstairs in the unit and been kneed in the nose by the complainant, breaking it. His interview involved no admission of involvement in violence outside the apartment complex. However, Sanson testified that later that night Micallef had told him, in reference to events downstairs between the complainant and Lourens, they had started fighting again and Micallef had tried to break the fight up and been punched again by the complainant.The exclusory effect direction confined consideration of defences for count 2 to consideration of whether the jury accepted the complainant’s account The primary judge’s directions to the jury regarding self-defence were given firstly in respect of count 1 and then in respect of count 2. In directing on count 1 his Honour explained the operation of the defences of self-defence and aiding in self-defence, as contained respectively in ss 271(1) and 273 of the Code. In directing upon count 2, and that offence’s element of unlawfulness, his Honour explained that what he had already explained about the defences of self-defence and aiding in self-defence was potentially applicable to the jury’s consideration of count 2.