R v Reid

Case [2006] QCA 202


SUPREME COURT OF QUEENSLAND

CITATION:

R v Reid [2006] QCA 202

PARTIES:

R  v
REID, Mark Kenneth  (appellant/applicant)

FILE NO/S:

CA No 9 of 2006
DC No 1379 of 2005  

DIVISION:

Court of Appeal

PROCEEDING:

Appeal against Conviction and Sentence

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

9 June 2006

DELIVERED AT:

Brisbane

HEARING DATE:

18 April 2006

JUDGES:

McPherson and Keane JJA and Chesterman J
Separate reasons for judgment for each member of the Court, Keane JJA and Chesterman J concurring as to the orders made, McPherson JA dissenting in part.

ORDER:

1.       Appeal against conviction dismissed
2.     Application for leave to appeal against sentence  
        refused

CATCHWORDS:

CRIMINAL LAW – PARTICULAR OFFENCES – OFFENCES AGAINST THE PERSON – ACTS INTENDED TO CAUSE OR CAUSING DANGER TO LIFE OR BODILY HARM -OTHER OFFENCES AGAINST THE PERSON – where appellant charged under s 317(b) of the Criminal Code 1899 (Qld) with one count of unlawfully transmitting a serious disease with intent and in the alternative with one count of grievous bodily harm under s 320 – where the appellant transmitted the HIV virus to the complainant through acts of sexual intercourse – whether the jury were adequately instructed about whether the appellant intentionally transmitted the HIV infection to the complainant – where jury were instructed ‘intent’ and ‘intention’ carry their ordinary meaning – meaning of intention – whether the transmission of a disease is an event which occurs “by accident” under s 23(1)(b) of the Code – whether verdict reasonable – whether trial judge erred in not directing the jury on the absence of evidence of motive in the Crown case


CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSON – APPLICATIONS TO REDUCE SENTENCE – WHEN REFUSED GENERALLY – whether sentence of 10 years and 6 months manifestly excessive – where sentence imposed considered to be at the lower end of the sentencing discretion

Criminal Code Act 1899 (Qld) s 23(1)(b), s 317(b), s 320

Boughey v The Queen (1986) 161 CLR 10, cited
Brennan v The King (1936) 55 CLR 253, cited
Cutter v The Queen (1997) 71 ALJR 638, cited
De Gruchy v The Queen (2002) 190 ALR 441, considered
He Kaw Teh v The Queen (1985) 157 CLR 523, cited
Houghton v The Queen (2004) 144 A Crim R 343, considered
Hyam v Director of Public Prosecutions [1975] AC 55, considered
Kaporonovski v The Queen (1973) 133 CLR 209, cited
Knight v The Queen (1992) 175 CLR 495, cited
Kuczynski v The Queen (1989) 2 WAR 316, cited
Parker v The Queen (1962) 111 CLR 610, cited
R v Butler [2006] QCA 51; CA No 248 of 2005, 3 March 2006, distinguished
R v Clarence (1888) 22 QBD 23, cited
R v Crabbe (1985) 156 CLR 464, cited, distinguished
R v GE Nelson, CA No 324…

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Details
AGLC
R v Reid [2006] QCA 202
Case
[2006] QCA 202
Decision Date

CaseChat Overview and Summary

The case of R v Reid involved the appellant being charged under the Queensland Criminal Code with transmitting a serious disease, HIV, to the complainant through sexual intercourse. The appellant was charged under section 317(b) of the Criminal Code 1899 (Qld) for unlawfully transmitting a serious disease with intent, and alternatively, under section 320 for grievous bodily harm. The appellant argued that the jury had not been properly instructed on the meaning of intent and whether the transmission of the disease could be considered accidental. The case also examined whether the sentence imposed was manifestly excessive.

The court was required to determine whether the jury had been adequately instructed about the meaning of 'intent' and 'intention', and whether the transmission of HIV could be considered an accidental event under section 23(1)(b) of the Code. Additionally, the court considered whether the verdict was reasonable and whether the trial judge erred in not directing the jury on the absence of evidence of motive in the Crown case.

The court found that the jury had been adequately instructed on the meaning of 'intent' and 'intention', and that the transmission of HIV was not an accidental event under the Code. The court held that the verdict was reasonable and that there was no error in the trial judge's instructions to the jury. The court also found that the sentence imposed was not manifestly excessive, as it was considered to be at the lower end of the sentencing discretion.

The appeal against the conviction was dismissed, and the application for leave to appeal against the 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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