SUPREME COURT OF QUEENSLAND
CITATION:
R v Thomson [2016] QCA 259
PARTIES:
R
v
THOMSON, Kevin David
(appellant)FILE NO/S:
CA No 208 of 2016
DC No 5089 of 2015DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
District Court at Mackay – Date of Conviction: 28 July 2016DELIVERED ON:
Orders delivered ex tempore 14 October 2016
Reasons delivered 18 October 2016DELIVERED AT:
Brisbane
HEARING DATE:
4 October 2016
JUDGES:
Gotterson JA and Douglas and Boddice JJ
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDERS:
Orders delivered ex tempore on 14 October 2016:
1. The appeal be allowed.
2. The conviction be set aside.
3. A verdict of acquittal be entered.
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO ALL THE EVIDENCE – where the appellant was convicted of committing grievous bodily harm upon the complainant – where the complainant was assaulted in the toilets of a bar – where one witness found the complainant in the toilets, after he had been assaulted – where that witness said he saw a male leaving the toilets as the witness entered the toilets – where the witness said the male was wearing a blue dress shirt – where that same witness later identified to police a man standing across the road as the same man who was leaving the toilets – where that man was the appellant and was wearing a black T-shirt – where it could not be reasonably inferred from the evidence the appellant had been previously wearing a blue dress shirt, but had subsequently disposed of it – where the sole issue is whether the evidence identifying the appellant as the offender was sufficient to satisfy the jury beyond reasonable doubt of the appellant’s guilt – whether the verdict is unreasonable or insupportable having regard to all the evidence
R v RAU[2015] QCA 217, cited
The Queen v Baden-Clay (2016) 90 ALJR 1013; [2016] HCA 35, citedCOUNSEL:
M J Copley QC for the appellant
M T Whitbread for the respondentSOLICITORS:
Taylors Solicitors for the appellant
Director of Public Prosecutions (Queensland) for the respondent
GOTTERSON JA: I agree with the orders proposed by Boddice J and with the reasons given by his Honour.
DOUGLAS J: I agree with the reasons of Boddice J and the orders proposed by his Honour.
BODDICE J: On 28 July 2016, a jury found the appellant guilty of grievous bodily harm. The primary judge sentenced the appellant to 30 months imprisonment, suspended after 12 months, for an operational period of three years.
The appellant appeals his conviction. The sole ground of appeal is that the verdict is unreasonable or cannot be supported having regard to the whole of the evidence. At issue is whether the evidence identifying the appellant as the offender was sufficient to satisfy the jury beyond reasonable doubt that he was the assailant who…
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- AGLC
- R v Thomson [2016] QCA 259
- Case
- [2016] QCA 259
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the evidence was sufficient to support the jury's verdict that Thomson was the assailant. The court had to consider whether it could be reasonably inferred that Thomson had been previously wearing a blue dress shirt but had subsequently disposed of it. The court had to assess whether the evidence was sufficient to satisfy the jury beyond reasonable doubt that Thomson was the assailant. The court also had to consider the role of the jury in determining issues of fact and the standard of proof required to uphold a conviction.
The court found that there was insufficient evidence to support the jury's verdict that Thomson was the assailant. The court concluded that the evidence of flight, whilst indicative of a consciousness of guilt, was insufficient to establish beyond reasonable doubt that Thomson was the complainant's assailant if there was a reasonable doubt as to the reliability of Conway's identification of the male across the street as the complainant's assailant. The court found that the evidence will always give rise to such a doubt, and there is no basis to conclude that Thomson ought to be the subject of a re-trial. The verdict must be set aside, and a verdict of acquittal ought to be entered.
Accordingly, the court ordered that the appeal be allowed, the conviction be set aside, and a verdict of acquittal be entered. The orders were delivered ex tempore on 14 October 2016.
Orders
Orders of the court
Orders delivered ex tempore on 14 October 2016:
1. The appeal be allowed.
2. The conviction be set aside.
3. A verdict of acquittal be entered.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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