SUPREME COURT OF QUEENSLAND
CITATION:
R v Stevens [2004] QCA 99
PARTIES:
R
v
STEVENS, Laurie
(appellant)FILE NO/S:
CA No 147 of 2003
SC No 189 of 2002DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
6 April 2004
DELIVERED AT:
Brisbane
HEARING DATE:
26 November 2003
JUDGES:
McMurdo P, Davies JA and Chesterman J
Separate reasons for judgment of each member of the Court, Davies JA and Chesterman J concurring as to the orders made, McMurdo P dissenting in partORDERS:
1. Application for leave to amend the grounds of appeal and to adduce fresh evidence refused
2. Appeal against conviction dismissed
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – FRESH EVIDENCE – AVAILABILITY AT TRIAL; MATERIALITY AND COGENCY – PARTICULAR CASES – MATERIALITY AND COGENCY – EVIDENCE DIRECTED TO CREDIT – where appellant sought leave to amend grounds of appeal and to adduce fresh evidence to support new ground – where fresh evidence would go only to credit of witness – whether such evidence would be admissible – whether evidence would have affected jury verdict – whether leave should be granted to allow amendment to grounds of appeal
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – UNREASONABLE OR INSUPPORTABLE VERDICT – WHERE EVIDENCE CIRCUMSTANTIAL – where appellant convicted of murder on basis of circumstantial evidence – where defences of extraordinary emergency and mistake of fact raised – where verdict of guilty or not guilty of manslaughter not left open to jury – whether it was open to a reasonable jury to be satisfied beyond a reasonable doubt that appellant intended to kill deceased
CRIMINAL LAW – PARTICULAR OFFENCES – OFFENCES AGAINST THE PERSON – HOMICIDE – MURDER – PRACTICE AND PROCEDURE – ALTERNATIVE VERDICTS – GENERALLY – where appellant convicted of murder on basis of circumstantial evidence – where left to jury as a case of murder or nothing – whether learned primary judge should have left open to jury possibility of verdict of guilty or not guilty of manslaughter pursuant to s 289 Criminal Code
Criminal Code 1899 (Qld), s 23, s 24, s 25, s 289, s 668E(1)
Chidiac & Asfour v The Queen (1991) 171 CLR 432, cited
Gallagher v The Queen (1986) 160 CLR 392, cited
Gammage v The Queen (1969) 122 CLR 444, cited
Griffiths v The Queen (1994) 69 ALJR 77, distinguished
Jones v The Queen (1997) 191 CLR 439, cited
M v The Queen (1994) 181 CLR 487, cited
Mickelberg v The Queen (1989) 167 CLR 259, cited
Morris v The Queen (1987) 163 CLR 454, cited
Pemble v The Queen (1971) 124 CLR 107, cited
R v Main, ex parte Attorney-General [1999] QCA 148; CA No 387 of 1998, 30 April 1999, citedCOUNSEL:
A J…
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- R v Stevens [2004] QCA 99
- Case
- [2004] QCA 99
- Decision Date
CaseChat Overview and Summary
The court held that the fresh evidence would only go to the credibility of a witness, and such evidence would not be admissible. The court further held that the evidence would not have affected the jury's verdict, as the circumstantial evidence was strong enough to support the appellant's conviction for murder. The court also held that the trial judge's failure to direct the jury on a possible verdict of manslaughter did not miscarry the trial. The court agreed with the primary judge's conclusion that it was open to a reasonable jury to be satisfied beyond a reasonable doubt that the appellant intended to kill the deceased.
The court dismissed the appeal and refused the application for a new trial to allow the admission of fresh evidence. The court held that the appeal brought on the ground that the verdict was unreasonable should be dismissed. The court also held that the application for a new trial should be refused. The court's final orders were to refuse the application for leave to amend the grounds of appeal and to adduce fresh evidence, and to dismiss the appeal against conviction.
Orders
Orders of the court
1. Application for leave to amend the grounds of appeal and to adduce fresh evidence refused
2. Appeal against conviction dismissed
Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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