SUPREME COURT OF QUEENSLAND
CITATION:
R v O’Dempsey [2018] QCA 364
PARTIES:
R
v
O’DEMPSEY, Vincent
(appellant)FILE NO/S:
CA No 137 of 2017
SC No 1046 of 2015DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
Supreme Court at Brisbane – Date of Conviction: 26 May 2017 (Applegarth J)
DELIVERED ON:
21 December 2018
DELIVERED AT:
Brisbane
HEARING DATES:
25 July 2018; 26 July 2018
JUDGES:
Sofronoff P and Gotterson JA and Brown J
ORDER:
Appeal dismissed.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – GENERAL PRINCIPLES – PARTICULAR GROUNDS – IMPROPER ADMISSION OR REJECTION OF EVIDENCE – where the appellant was convicted of one count of deprivation of liberty and three counts of murder – where the three deceased were a mother and her two young daughters – where the offences the subject of the indictment were alleged to have occurred in January 1974 – where the Crown case was that the appellant’s co-accused was worried that the deceased mother had been talking to people about the co-accused’s involvement in an arson incident and that the co-offender was worried that this may have resulted in him being implicated in a separate arson incident which resulted in the deaths of 15 people – where the Crown case was that the appellant, as a good friend of the co-accused, was willing to help murder the deceased mother and her two children in order to silence the mother – where the appellant submits that the learned trial judge erred in admitting evidence of the appellant’s co-accused’s motive to kill the deceased mother – whether the decision of the learned trial judge to admit evidence relating to motive involved an error of law, resulted in a miscarriage of justice or was not subject to appropriate directions to the jury
CRIMINAL LAW – APPEAL AND NEW TRIAL – GENERAL PRINCIPLES – PARTICULAR GROUNDS – IMPROPER ADMISSION OR REJECTION OF EVIDENCE – where the learned trial judge admitted evidence, in the form of written statements and a transcript, of the dead husband/father of the three deceased pursuant to s 93B of the Evidence Act 1977 (Qld) – where the appellant submits that this evidence should not have been admitted – where the appellant submits that the learned trial judge failed to assess and apply s 93B of the Evidence Act 1977 (Qld) to the reliability of each representation – where the written statements were given over two weeks after the disappearance of the three deceased and so, the appellant submits, could not have satisfied the requirement that they were “made when or shortly after the asserted fact happened” – where the appellant submits that the context of the making of the statements, being while the witness assisted police in locating his family, was not a reasonable basis upon which to conclude the statements were reliable – whether the learned trial judge erred in admitting the written statements and transcript into evidence
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS…
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- AGLC
- R v O'Dempsey [2018] QCA 364
- Case
- [2018] QCA 364
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Appeal 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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