SUPREME COURT OF QUEENSLAND
CITATION:
R v Teichmann [2014] QCA 50
PARTIES:
R
v
TEICHMANN, Jamie Rex
(appellant)FILE NOS:
CA No 114 of 2013
SC No 278 of 2012DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
21 March 2014
DELIVERED AT:
Brisbane
HEARING DATE:
7 March 2014
JUDGES:
Holmes and Fraser JJA and Daubney J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
Allow the appeal.1.
Set aside the verdict of guilty.2.
Order a retrial.3.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO THE EVIDENCE – where the appellant was convicted of murder by a jury – where the appellant contended that the verdict was unreasonable because the evidence of two witnesses as admissions he had made was unreliable – where the jury was properly instructed as to how to approach the evidence, given its deficiencies – whether it was open for the jury to conclude beyond reasonable doubt that the appellant was guilty of murder – whether the verdict was unreasonable
CRIMINAL LAW – APPEAL AND NEW TRIAL – OBJECTIONS OR POINTS NOT RAISED IN THE COURT BELOW – MISDIRECTION AND NON-DIRECTION – PARTICULAR CASES – where the appellant was convicted of murder by a jury – where the appellant denied assaulting the deceased – where, on the version of events most favourable to the appellant, there was evidence of a physical attack by the deceased – where defence counsel accepted that provocation was not open – whether the trial judge erred in failing to leave the partial defence of provocation to the jury – whether there was a substantial miscarriage of justice
Criminal Code 1899 (Qld), s 304, s 668E
Huynh v The Queen (2013) 87 ALJR 434; (2013) 295 ALR 624; [2013] HCA 6, cited
James v The Queen [2014] HCA 6, followed
Lee Chun-Chuen v The Queen [1963] AC 220, cited
Masciantonio v The Queen (1995) 183 CLR 58; [1995] HCA 67, followed
R v Buttigieg (1993) A Crim R 21; [1993] QCA 214, distinguished
R v Getachew (2012) 248 CLR 22; (2012) 286 ALR 196; [2012] HCA 10, cited
R v Martin[2011] QCA 342, followed
R v Pangilinan [2001] 1 Qd R 56; [1999] QCA 528, cited
Stevens v The Queen (2005) 227 CLR 319; [2005] HCA 65, cited
Stingel v The Queen (1991) 171 CLR 312; [1990] HCA 61, followed
Van Den Hoek (1986) 161 CLR 158; [1986] HCA 76, followedCOUNSEL:
E S Wilson QC, with L M Dollar, for the appellant (pro bono)
A W Moynihan QC, with NW Needham, for the respondentSOLICITORS:
No appearance for the appellant
Director of Public Prosecutions (Queensland) for the respondent
HOLMES JA: The appellant was convicted by a jury of murdering Michael Manson…
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- R v Teichmann [2014] QCA 50
- Case
- [2014] QCA 50
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the jury's verdict was unreasonable or insupportable, given the deficiencies in the evidence. The court also had to consider whether the trial judge erred in not leaving the partial defence of provocation to the jury. The court found that the jury had been properly instructed on how to approach the unreliable evidence, and that it was open to the jury to conclude beyond reasonable doubt that the appellant was guilty of murder. However, the court found that the trial judge had erred in not leaving the partial defence of provocation to the jury, and that this error was not a minor or trivial one.
The appeal was allowed, the conviction was set aside, and the court ordered a retrial. The court found that the error in not directing the jury on the partial defence of provocation was a substantial one, and that it was open to the jury to conclude that the appellant was not guilty of murder if they had been properly directed on the partial defence. The court found that the error was not a minor or trivial one, and that it was likely to have had a significant impact on the jury's deliberations. The court found that a substantial miscarriage of justice had occurred, and that a retrial was necessary.
Orders
Orders of the court
Allow the appeal.1.
Set aside the verdict of guilty.2.
Order a retrial.3.
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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