SUPREME COURT OF QUEENSLAND
CITATION:
R v Reed [2014] QCA 207
PARTIES:
R
v
REED, Troy William
(appellant)FILE NO/S:
CA No 287 of 2013
SC No 43 of 2013DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
Supreme Court at Cairns
DELIVERED ON:
26 August 2014
DELIVERED AT:
Brisbane
HEARING DATE:
19 June 2014
JUDGES:
Margaret McMurdo P and Gotterson JA and Henry J
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER:
Appeal dismissed.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – IMPROPER ADMISSION OR REJECTION OF EVIDENCE – OTHER CASES – where the appellant complained the trial judge wrongfully admitted evidence of “prior uncharged injuries” into evidence – where evidence was admitted as relevant evidence of domestic relationship – whether the evidence was admissible
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – MISDIRECTION AND NON-DIRECTION – EFFECT OF MISDIRECTION OR NON-DIRECTION – APPEAL DISMISSED – where the appellant complained the trial judge erred in directing the jury about the use that could be made of “uncharged injuries” – where the trial judge warned against the use of the evidence as evidence of propensity – where the trial judge failed to give an accompanying direction as to the purpose to which the evidence could be put – whether that failure constituted error
APPEAL AND NEW TRIAL – MISCARRIAGE OF JUSTICE – DISMISSAL OF APPEAL WHERE NO SUBSTANTIAL MISCARRIAGE OF JUSTICE – PROVISO APPLIED IN PARTICULAR CASES – where the prosecution case was strong – whether regard could be had to the jury’s verdict – whether the proviso should be applied
Criminal Code 1899 (Qld), s 668E(1A)
Evidence Act 1977 (Qld), s 132BBaiada Poultry Pty Ltd v The Queen (2012) 246 CLR 92; [2012] HCA 14, considered
Gilbert v The Queen (2000) 201 CLR 414; [2000] HCA 15, applied
Pfennig v The Queen (1995) 182 CLR 461; [1995] HCA 7, applied
R v Self[2001] QCA 338, considered
Roach v The Queen (2011) 242 CLR 610; [2011] HCA 12, applied
Shepherd v The Queen (1990) 170 CLR 573; [1990] HCA 56, applied
Wilson v The Queen (1970) 123 CLR 334; [1970] HCA 17, appliedCOUNSEL:
V Keegan for the appellant
M R Byrne QC for the respondentSOLICITORS:
Legal Aid Queensland for the appellant
Director of Public Prosecutions (Queensland) for the respondent
MARGARET McMURDO P: I agree with Henry J’s reasons for dismissing this appeal against conviction.
GOTTERSON JA: I agree with the order proposed by Henry J and with the reasons given by his Honour.
HENRY J: The appellant pleaded not guilty to assault occasioning bodily harm (count 1) and murder (count 2). He was convicted after a five day trial and sentenced to 12 months imprisonment and life imprisonment respectively.
He appeals his convictions on three grounds:
“(1)The verdicts of the…
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- AGLC
- R v Reed [2014] QCA 207
- Case
- [2014] QCA 207
- Decision Date
CaseChat Overview and Summary
The primary legal issues revolved around the admissibility of the evidence of prior injuries and the trial judge's directions to the jury regarding that evidence. The appellant argued that the evidence should not have been admitted as it had no relevance beyond suggesting a propensity to commit violence. Furthermore, the appellant submitted that the trial judge's direction to the jury did not adequately guide them on the proper use of this evidence, thus constituting an error.
The Court found that the evidence of prior injuries was relevant to the nature of the domestic relationship between the parties and was therefore properly admitted. The Court also noted that while the trial judge did not fully articulate the permissible uses of the evidence, the error was not substantial given the strength of the prosecution's case. The jury's verdict indicated they had correctly considered the evidence in the context provided. The Court applied the proviso and dismissed the appeal, concluding that no substantial miscarriage of justice had occurred.
The Court's orders were to dismiss the appeal against the appellant's conviction. The decision underscored the importance of the relevance of evidence in domestic violence cases and the discretion of the trial judge in handling such matters.
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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