SUPREME COURT OF QUEENSLAND
CITATION:
R v Rajek [2025] QCA 23
PARTIES:
R
v
RAJEK, Anthony Daniel
(appellant)FILE NO/S:
CA No 246 of 2023
SC No 137 of 2023DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
Supreme Court at Brisbane – Date of Conviction: 28 November 2023 (Callaghan J)
DELIVERED ON:
11 March 2025
DELIVERED AT:
Brisbane
HEARING DATE:
19 February 2025
JUDGES:
Bowskill CJ, Gotterson AJA, Muir J
ORDER:
Appeal dismissed.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE – APPEAL DISMISSED – where the appellant struck the complainant with a knife in the vicinity of the complainant’s uppermost chest and lower neck – where the appellant was convicted of attempted murder – where the question of intention was to be determined by inference in the absence of direct evidence – whether it was open to the jury to be satisfied beyond reasonable doubt that the appellant held an intention to kill – whether the jury ought to have accepted the submission that the appellant only intended to cause grievous bodily harm – whether the verdict of the jury should be set aside
Criminal Code (Qld), s 306(1)(a)
AK v The Queen [2021] VSCA 165, cited
M v The Queen (1994) 181 CLR 487; [1994] HCA 63, cited
SKA v the Queen (2011) 243 CLR 400; [2011] HCA 13, cited
Zaburoni v The Queen (2016) 256 CLR 482; [2016] HCA 12, citedCOUNSEL:
S J Dickson for the appellant
J D Finch for the respondentSOLICITORS:
Owens & Associates for the appellant
Director of Public Prosecutions (Queensland) for the respondent
THE COURT: The appellant, Anthony Daniel Rajek, was indicted on two alternative counts, namely, that on the 16th of January 2022 at Brisbane City, he attempted unlawfully to kill Steven Robert Cribb (“the complainant”) in contravention of s 306(1)(a) of the Criminal Code (Qld) or that on that date and at that place, he did grievous bodily harm to the complainant with intent to do so in contravention of s 317(1)(b) and (e) thereof. He entered a plea of guilty to the alternative count which was not accepted by the Crown.
The appellant was tried on the attempt count before Justice Callaghan and a jury at the Supreme Court in Brisbane on the 27th and 28th of November 2023. He was found guilty of attempted murder on the second day of the trial. On the 16th of February 2024, the appellant was formally convicted and then sentenced to imprisonment for 13 years and 6 months.
A notice of appeal against conviction was filed for the appellant on the 13th of December 2023. At the hearing of the appeal, leave was granted to amend the sole ground of appeal to the following:
“The verdict of the jury should be set aside as it is unreasonable and cannot be supported having regard to the evidence.”
In…
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- AGLC
- R v Rajek [2025] QCA 23
- Case
- [2025] QCA 23
- Decision Date
CaseChat Overview and Summary
The primary legal issues that the court needed to address were whether it was open to the jury to be satisfied beyond reasonable doubt that the appellant held an intention to kill, and whether the jury ought to have accepted the submission that the appellant only intended to cause grievous bodily harm. The court had to determine whether the verdict of the jury was unreasonable or insupportable in light of the evidence presented.
The court found that the evidence was sufficient to support the jury's conclusion that the appellant intended to kill the complainant. The injuries inflicted, the nature of the weapon used, and the circumstances surrounding the attack were all factors that the jury could reasonably consider in determining the appellant's intention. The court held that it was open to the jury to infer the appellant's intention to kill from the evidence presented, and that the jury was not required to accept the submission that the appellant only intended to cause grievous bodily harm. Consequently, the appeal was dismissed.
The court's final order was that the appeal be dismissed, upholding the conviction of the appellant for attempted murder.
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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