SUPREME COURT OF QUEENSLAND
CITATION:
R v O’Neill [2009] QCA 210
PARTIES:
R
v
O’NEILL, Susan Elaine
(appellant)FILE NO/S:
CA No 216 of 2008
DC No 54 of 2007DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
District Court at Southport
DELIVERED ON:
24 July 2009
DELIVERED AT:
Brisbane
HEARING DATE:
25 May 2009
JUDGES:
Holmes JA, McMurdo and Applegarth JJ
Separate reasons for judgment of each member of the Court, McMurdo J and Applegarth J concurring as to the order made, Holmes JA dissentingORDER:
Appeal dismissed
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – UNREASONABLE OR INSUPPORTABLE VERDICT – where the complainant approached the appellant at her house and covertly video recorded their exchange for a commercial television program – where the jury found that the appellant struck the victim with a knife – whether it was open to the jury to find that the defence of dwelling defence was not open on the facts – whether the trial judge erred by not putting the defence of premises against trespassers defence to the jury – whether this amounted to a miscarriage of justice – whether jury’s verdict unreasonable
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – MISDIRECTION AND NON-DIRECTION – GENERAL MATTERS – where the trial judge gave leave for a witness to give evidence by phone – where the defence submitted that it was important that the jury see the witness’ demeanour – whether the trial judge’s discretion miscarried in permitting the witness to give evidence by phone
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – IRREGULARITIES IN RELATION TO JURY – OTHER CASES – where the exchange between appellant and the complainant was covertly video recorded – where video tape contained other material that did not become part of the exhibit – where only the part of the video recording constituting the exhibit was shown to the jury during the trial – whether the whole of the video tape went with the jury into the jury room – whether this amounted to a miscarriage of justice – whether trial judge erred in not showing the jury the whole video tape
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – where trial judge did not adjourn to allow the appellant to call her son as a witness – where no evidence of a request to adjourn – where appellant claims that an adjournment was requested by counsel, however no record of it appears on the transcript – whether the trial judge erred in failing to adjourn
Criminal Code 1899 (Qld), s 1, s 267, s 277
Criminal Practice Rules 1999 (Qld), r 53R v Wilson[2008] QCA 349, cited
COUNSEL:
The appellant appeared on her own behalf
M J Copley SC for the respondentSOLICITORS:
The appellant appeared on her own behalf
Director of Public Prosecutions (Queensland) for the respondent
HOLMES JA: I have had the advantage of reading the…
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- AGLC
- R v O'Neill [2009] QCA 210
- Case
- [2009] QCA 210
- Decision Date
CaseChat Overview and Summary
The court considered whether the jury's verdict was unreasonable or insupportable, given the evidence presented. It also examined whether the trial judge had misdirected the jury by allowing a witness to give evidence over the phone and whether the judge's failure to show the entire video tape to the jury was an error. Additionally, the court assessed whether the trial judge's decision not to adjourn the trial was correct, in light of the appellant's claim that an adjournment was requested but not recorded in the transcript.
The court found that the trial judge's directions to the jury were sufficient, and the evidence supported the jury's verdict. The court determined that the judge's discretion in permitting the witness to give evidence by phone was not miscarried, and the partial showing of the video recording to the jury did not amount to a miscarriage of justice. Furthermore, the court held that there was no error in the judge's decision not to adjourn the trial, as there was no evidence of a request to adjourn. Consequently, the appeal was dismissed.
The court ordered that the appeal be dismissed, affirming O'Neill's conviction. The findings regarding the trial judge's directions, the evidence presented, and the procedural aspects of the trial were upheld, leading to the conclusion that no miscarriage of justice had occurred.
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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