R v Smith (aka Stella)

Case [2021] QCA 139


SUPREME COURT OF QUEENSLAND

CITATION:

R v Smith (aka Stella) [2021] QCA 139

PARTIES:

R
v
SMITH, Mark Anthony (aka STELLA, Mark Anthony)

(respondent)

FILE NO/S:

CA No 194 of 2019
SC No 45 of 2015

DIVISION:

Court of Appeal

PROCEEDING:

Appeal against Conviction

ORIGINATING COURT:

Supreme Court at Townsville – Date of Conviction: 23 July 2019 (North J)

DELIVERED ON:

Date of Orders: 5 May 2021
Date of Publication of Reasons: 29 June 2021

DELIVERED AT:

Brisbane

HEARING DATE:

5 May 2021

JUDGES:

Sofronoff P and Bond JA and Davis J

ORDERS:

Orders delivered: 5 May 2021

1.   Appeal allowed.

2.   Set aside the conviction for murder.

3.   A retrial be ordered.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – MISCARRIAGE OF JUSTICE – PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE – MISDIRECTION OR NON-DIRECTION – NON-DIRECTION – where the appellant admitted to killing a man and was charged with murder – where the appellant was referred to the Mental Health Court which ordered that there be a trial by jury due to factual uncertainties – where the appellant pleaded not guilty to murder but guilty to manslaughter – where the appellant was convicted of murder by a jury trial – where the defence of diminished responsibility under s 304A of the Criminal Code was raised at trial – where the appellant called a psychiatrist to give evidence of the appellant’s psychiatric condition at the time of the offending – where the Crown called a psychiatrist in rebuttal evidence – where the trial judge did not direct the jury on the meaning of the phrases “abnormality of mind” or “substantially impaired” as relevant to s 304A(1) of the Criminal Code – where the appellant submits that the trial judge erred in law by failing to direct the jury on the meaning of the phrase “substantially impaired” as relevant to s 304A of the Criminal Code – whether in the alternative, the trial judge’s failure to direct the jury on the meaning of the phrase “substantially impaired” occasioned a miscarriage of justice and deprived the appellant of a reasonable chance of acquittal

Criminal Code (Qld), s 2, s 23, s 26, s 27, s 291, s 293, s 300, s 302, s 304, s 304A
Criminal Code and Other Acts Amendment Bill 1961 (Qld)
Homicide Act 1957
(UK)
Homicide Bill 1957 (UK)
Offenders Parole Amendment Act 1961 (Qld)

Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue(NT) (2009) 239 CLR 27; [2009] HCA 41, cited
Carter v Attorney-General (Qld) [2014] 1 Qd R 111; [2013] QCA 140, cited
Federal Commissioner of Taxation v Consolidated Media Holdings Ltd (2012) 250 CLR 503; [2012] HCA 55, cited
HKSAR v Jutting [2018] HKCA 5, cited
McKell v The Queen
(2019) 264 CLR 307; [2019] HCA 5, cited
Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28, cited
R v A2 (2019) 93 ALJR 1106; [2019] HCA…

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Details
AGLC
R v Smith (aka Stella) [2021] QCA 139
Case
[2021] QCA 139
Decision Date

CaseChat Overview and Summary

In the case of R v Smith (aka Stella), the appellant admitted to killing a man and was charged with murder. Following a referral to the Mental Health Court, it was ordered that a trial by jury be held due to uncertainties surrounding the appellant's mental state at the time of the offence. The appellant pleaded not guilty to murder but guilty to manslaughter. Despite this plea, the jury convicted the appellant of murder. The defence of diminished responsibility under section 304A of the Criminal Code was raised at trial, with the appellant presenting evidence from a psychiatrist regarding their psychiatric condition at the time of the offence. The Crown, in turn, called a psychiatrist to provide rebuttal evidence. However, the trial judge failed to direct the jury on the meanings of the phrases "abnormality of mind" and "substantially impaired" as they pertain to section 304A(1) of the Criminal Code.

The central legal issues in this appeal were whether the trial judge erred in law by not directing the jury on the meaning of the phrase "substantially impaired" and, if so, whether this omission led to a miscarriage of justice that deprived the appellant of a reasonable chance of acquittal. The court had to determine if the appellant's right to a fair trial was compromised by the judge's failure to properly instruct the jury on a key aspect of the law relevant to the diminished responsibility defence.

The court found that the trial judge's failure to direct the jury on the meaning of "substantially impaired" constituted a significant error. This omission meant that the jury was not adequately informed about the legal criteria necessary to consider the defence of diminished responsibility. The court held that this non-direction resulted in a substantial injustice, as it deprived the appellant of a reasonable chance of acquittal. Consequently, the court allowed the appeal and set aside the conviction for murder. A retrial was ordered to ensure that the appellant received a fair trial with proper legal directions to the jury.

The final orders of the court were that the appeal was allowed, the conviction for murder was set aside, and a retrial was ordered. These orders were delivered on 5 May 2021.

Orders

Orders of the court

Orders delivered: 5 May 2021

1. Appeal allowed.

2. Set aside the conviction for murder.

3. A retrial be ordered.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

Inadmissible evidence about a defence having been given, no direction, could have eliminated the prejudice caused to the appellant’s defence.Conclusions The fact that the evidence was given by the doctors without reference to the proper legal test and the failure of the trial judge to direct the jury with specificity caused the appellant to lose a reasonable chance of acquittal. A miscarriage of justice occurred. For those reasons, I joined in the orders allowing the appeal and ordering a retrial.

Ratio Decidendi

Legal Principle Established

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