SUPREME COURT OF QUEENSLAND
CITATION: R v Perussich [2001] QCA 557 PARTIES: R
v
PERUSSICH, Murray James
(Appellant)FILE NO/S: CA No 169 of 2001
DC No 122 of 2001DIVISION: Court of Appeal PROCEEDING: Appeal against conviction and sentence ORIGINATING COURT: District Court at Maroochydore DELIVERED ON: 7 December 2001 DELIVERED AT: Brisbane HEARING DATE: 2 October 2001 JUDGES: McPherson and Thomas JJA, Jones J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDER: (1) The appeal against conviction dismissed
(2) Application for leave to appeal against sentence granted; set aside the sentence imposed on 22 June 2001 and in lieu thereof, sentence the appellant to imprisonment for a period of nine years
CATCHWORDS: CRIMINAL LAW – PARTICULAR OFFENCES – OFFENCES AGAINST THE PERSON – grievous bodily harm with intent – where appellant and complainant proffered different accounts of relevant chain of events – where complainant shot in leg and hit on side of head with gun – where appellant and complainant both under influence of alcohol – where complainant also under influence of marijuana – where weapon not located
CRIMINAL LAW – EVIDENCE – JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE – EVIDENTIARY MATTERS RELATING TO WITNESSES AND ACCUSED PERSONS – whether judge erred in admitting evidence of appellant in cross-examination as to whether another earlier witness had lied in her evidence – whether such cross-examination was improper and contravened principles established in R v Palmer
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JURIES – SUMMING-UP – whether trial judge erred in failing to direct jury in relation to the complainant’s evidence in cross-examination that the appellant had used methylamphetamine “speed” – where counsel at trial made no request for direction – circumstances in which trial judge obligated to give directions
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JURIES – SUMMING-UP – whether trial judge erred in failing to direct jury in relation to the appellant’s intoxication – where trial counsel prior to addressing jury agreed that intoxication in relation to intent was not in issue – where question of intoxication also raised in relation to whether alternative verdict of grievous bodily harm simpliciter available to jury – where trial judge directed jury that intoxication was not in issue – whether trial judge had a duty to direct in relation to intoxication
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – MISCELLANEOUS POWERS OF COURTS AND JUDGES – whether alternative verdict of grievous bodily harm simpliciter available to jury – whether appellant intended to commit act – whether evidence supports a deliberate act - whether “all or nothing” case on evidence
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – MISCELLANEOUS POWERS OF COURTS AND JUDGES – sentencing – where appellant sentenced to nine years imprisonment with serious violent offender declaration – whether serious violent offender declaration appropriate – whether serious violent offender declaration renders sentence manifestly excessive
Criminal Code (Qld) s 28 (3)
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- AGLC
- R v Perussich [2001] QCA 557
- Case
- [2001] QCA 557
- Decision Date
CaseChat Overview and Summary
The court was required to decide several legal issues. These included whether the judge had erred in admitting evidence during cross-examination regarding whether a previous witness had lied. The court also needed to determine if the judge should have directed the jury in relation to the complainant's evidence that the appellant had used methylamphetamine. Additionally, the court examined whether the judge should have directed the jury on the issue of the appellant's intoxication and whether the alternative verdict of grievous bodily harm simpliciter was available to the jury. Finally, the court considered whether the sentence of nine years imprisonment with a serious violent offender declaration was appropriate.
The court found that the trial judge did not err in admitting the evidence of the appellant in cross-examination regarding the truthfulness of a previous witness, nor in failing to direct the jury regarding the complainant's evidence of the appellant's drug use. The court determined that the judge was not obligated to give directions regarding intoxication as it was not an issue raised by the trial counsel, and the judge had already directed the jury that intoxication was not in issue. The court concluded that the alternative verdict of grievous bodily harm simpliciter was not available to the jury as the evidence did not support a deliberate act by the appellant. The court held that the sentence, including the serious violent offender declaration, was not manifestly excessive.
The final orders of the court were to dismiss the appeal against conviction and to grant the appellant leave to appeal against the sentence. The sentence imposed on 22 June 2001 was set aside, and in its place, the court sentenced the appellant to imprisonment for a period of nine years.
Orders
Orders of the court
(1) The appeal against conviction dismissed
(2) Application for leave to appeal against sentence granted; set aside the sentence imposed on 22 June 2001 and in lieu thereof, sentence the appellant to imprisonment for a period of nine years
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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