SUPREME COURT OF QUEENSLAND
CITATION:
PARTIES:
R
v
ORREAL, Jeffrey Mark(appellant)
FILE NO/S:
CA No 296 of 2002
DC No 2017 of 2001
DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction & Sentence
ORIGINATING COURT:
District Court at Brisbane
DELIVERED ON:
19 December 2002
DELIVERED AT:
Brisbane
HEARING DATE:
6 December 2002
JUDGES:
McMurdo P, Helman and Philippides JJ
Separate reasons for judgment of each member of the court, each concurring as to the orders made
ORDER:
1. Appeal against conviction dismissed;
2. Application for leave to appeal against sentence refused.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – MISDIRECTION AND NON-DIRECTION – where appellant convicted of unlawful wounding after second trial – where appellant struck complainant on face with glass bottle – where witness for prosecution did not give evidence in first trial – where witness was a friend of complainant – whether failure to warn jury about circumstances in which witness came to give evidence – whether failure to warn jury about contradictions in prosecution evidence
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – MISCARRIAGE OF JUSTICE – CIRCUMSTANCES NOT INVOLVING MISCARRIAGE OR IN WHICH MISCARRIAGE NOT SUBSTANTIAL – OTHER IRREGULARITIES – where volume enhancing device used when appellant gave evidence – where trial judge intervened in questioning of certain witnesses – whether interventions adverse to appellant’s interests – whether conduct of trial oppressive to appellant
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSON – where appellant sentenced to 18 months imprisonment – whether manifestly excessive – whether failure to consider mitigating circumstances
COUNSEL:
B M Orreal with leave to appear on behalf of the appellant
B G Campbell for the respondent
SOLICITORS:
Director of Public Prosecutions (Queensland) for the respondent
McMURDO P: I agree that the appeal against conviction should be dismissed and the application for leave to appeal against sentence refused for the reasons given by Philippides J.
HELMAN J: I agree with the orders proposed by Philippides J and with her reasons.
PHILIPPIDES J:
Background facts
The appellant was charged with unlawfully doing grievous bodily harm and, in the alternative, with unlawful wounding. He was acquitted on the grievous bodily harm charge, but convicted on the wounding charge and sentenced to 18 months imprisonment.
The circumstances of the offence were that on 12 May 2000, the complainant, Ryan Combes, had attended a party at Bray Park. He left in the early hours of the following morning, intending to walk home. He crossed the road from the party and entered a park, where a group of young people had gathered. One of the group, Alicia Sutherland, the appellant’s girlfriend, and another girl were arguing.
The complainant’s evidence was that he laughed at Alicia. However, evidence was given by a…
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- AGLC
- R v Orreal [2002] QCA 547
- Case
- [2002] QCA 547
- Decision Date
CaseChat Overview and Summary
The court had to decide whether the trial judge's failure to warn the jury about the circumstances in which the witness came to give evidence constituted a misdirection or non-direction that was sufficient to warrant a new trial. The court also had to determine whether the failure to warn the jury about contradictions in the prosecution's evidence was a significant error. The court had to assess whether the use of the volume enhancing device and the trial judge's interventions in the questioning of certain witnesses were adverse to the appellant's interests and whether the conduct of the trial was oppressive to him. Finally, the court had to consider whether the sentence was manifestly excessive and whether the trial judge failed to consider mitigating circumstances.
The court found that the trial judge's failure to warn the jury about the circumstances in which the witness came to give evidence was not a significant error. The court held that the witness's evidence was not so crucial to the prosecution's case that the failure to warn the jury about the circumstances in which the witness came to give evidence was a misdirection or non-direction that warranted a new trial. The court also found that the failure to warn the jury about contradictions in the prosecution's evidence was not a significant error. The court held that the contradictions did not go to the heart of the prosecution's case and that the jury was able to assess the credibility of the prosecution's evidence. The court found that the use of the volume enhancing device and the trial judge's interventions in the questioning of certain witnesses were not adverse to the appellant's interests and that the conduct of the trial was not oppressive to him. Finally, the court found that the sentence was not manifestly excessive and that the trial judge had considered the mitigating circumstances.
The appeal against conviction was dismissed, and the application for leave to appeal against sentence was refused.
Orders
Orders of the court
1. Appeal against conviction dismissed;
2. Application for leave to appeal against sentence refused.
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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