SUPREME COURT OF QUEENSLAND
CITATION:
R v Ross [2010] QCA 63
PARTIES:
R
v
ROSS, Jeffrey John
(applicant/appellant)FILE NO/S:
CA No 214 of 2009
DC No 277 of 2007DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction & Sentence
ORIGINATING COURT:
District Court at RockhamptonDELIVERED ON:
23 March 2010
DELIVERED AT:
Brisbane
HEARING DATE:
4 March 2010
JUDGES:
Holmes and Fraser JJA and P Lyons J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
1. Appeal against conviction dismissed;
2. Application for leave to appeal against sentence refused.
CATCHWORDS: CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – IMPROPER ADMISSION OR REJECTION OF EVIDENCE – OTHER CASES – where the appellant was convicted of unlawfully doing grievous bodily harm – where the appellant challenged the admissibility of evidence upon which the Crown relied to prove the complainant suffered injuries amounting to grievous bodily harm – where the doctor’s opinion evidence was premised on foundational facts contained in medical notes – whether the trial judge erred in determining that a doctor was qualified to give expert evidence – whether the doctor’s opinion evidence was inadmissible
CRIMINAL LAW – APPEAL AND NEW TRIAL – MISCARRIAGE OF JUSTICE – PARTICULAR CIRCUMSTANCES NOT AMOUNTING TO MISCARRIAGE – IMPROPER ADMISSION OR REJECTION OF EVIDENCE – in circumstances where defence counsel did not object to the doctor’s evidence of the content of the medical notes – where defence counsel may have conducted the trial in that way for forensic advantage – where the trial judge gave appropriate directions about the quality of the evidence – where there was no ground for concluding that the doctor’s evidence was inaccurate – whether the receipt of the inadmissible evidence occasioned a miscarriage of justice in terms of s 668E(1) Criminal Code 1899 (Qld)
CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE – where the appellant gathered the group of men together and transported some of them to the site of the assault – where the appellant had no criminal history of violent offences, his involvement was not aggravated and the trial judge accepted that he had the least involvement – whether the sentence imposed was manifestly excessive
Criminal Code1899 (Qld), s 1, s 7(1)(c), s 668E(1)
Evidence Act 1977 (Qld), s 93(1)(b)(ii), s 93BAli v The Queen (2005) 79 ALJR 662; [2005] HCA 8, cited
Gordon v R (1982) 41 ALR 64, cited
Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705; [2001] NSWCA 305, cited
Nudd v R (2006) 225 ALR 161; [2006] HCA 9, cited
R v F (1995) 83 A Crim Rep 502, cited
R v Naidu[2008] QCA 130, cited
R v Ping [2006] 2 Qd R 69; [2005] QCA 472, cited
R v S (2002) 129 A Crim R 339; [2002] QCA 167
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- AGLC
- R v Ross [2010] QCA 63
- Case
- [2010] QCA 63
- Decision Date
CaseChat Overview and Summary
The court examined whether the trial judge erred in accepting the doctor's qualifications and the admissibility of the opinion evidence. The court noted that the defence counsel did not object to the doctor's testimony regarding the medical notes, potentially for strategic reasons. Despite this, the trial judge had provided appropriate directions about the quality of the evidence, and there was no indication that the doctor's evidence was inaccurate. The court concluded that the admission of the evidence did not lead to a miscarriage of justice, as per section 668E(1) of the Criminal Code 1899 (Qld).
Regarding the sentence, the appellant argued that it was manifestly excessive given his minimal involvement in the incident. The court considered that the appellant had no prior history of violent offences and his role was acknowledged as the least significant by the trial judge. However, the court found no grounds to interfere with the sentence imposed, maintaining that it was appropriate given the circumstances.
The appeal against the conviction was dismissed, and the application for leave to appeal against the sentence was also 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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