SUPREME COURT OF QUEENSLAND
CITATION:
R v Turmaine [2004] QCA 75
PARTIES:
R
v
TURMAINE, Kalvin James
(appellant)FILE NO/S:
CA No 309 of 2003
SC No 518 of 2002DIVISION:
Court of Appeal
PROCEEDING:
Appeal against Conviction
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
19 March 2004
DELIVERED AT:
Brisbane
HEARING DATE:
15 March 2004
JUDGES:
McMurdo P and Davies and McPherson JJA
Separate reasons for judgment of each member of the Court, each concurring as to the order made.ORDER:
Appeal against conviction dismissed
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – UNREASONABLE OR INSUPPORTABLE VERDICT – OTHER CASES – where appellant convicted of murdering month-old son – where medical evidence could not point to cause of death – where prosecution case centred on appellant’s admissions of guilt – whether confessions were reliable – whether it was open to the jury on the evidence to be satisfied beyond reasonable doubt of the guilt of the appellant
CRIMINAL LAW – EVIDENCE – CONFESSIONS AND ADMISSIONS – STATEMENTS – VOLUNTARY STATEMENTS – GENERALLY – where evidence against accused rested on confessions made to different people at different times – where appellant was very drunk at time of making first confession – whether confessions were reliable – whether learned trial judge’s directions to jury were adequate
M v The Queen (1994) 181 CLR 487, applied
R v Arnold; ex parte A-G (Qld) [2002] QCA 357; CA No 287 of 2001; CA No 293 of 2001; 17 September 2002, cited
R v Baker [2001] QCA 326; CA No 35 of 2201; 10 August 2001, cited
State of Washington v Aten 900 P2d 579 (Wash App Div 2 1995), not followedCOUNSEL:
A J Rafter SC for the appellant
L J Clare for the respondentSOLICITORS:
Legal Aid Queensland for the appellant
Director of Public Prosecutions (Queensland) for the respondent
McMURDO P: The appellant was convicted after a jury trial in the Supreme Court at Brisbane on 4 September 2003 of murdering his four week old son, Liam James Turmaine, on 10 February 2001. He contends that the conviction was unreasonable and cannot be supported having regard to the evidence[1] which turned on the appellant's admissions of guilt, which the appellant argues were unreliable.
[1]Section 668E, Criminal Code.
This ground of appeal requires a review of the whole of the relevant evidence.
The evidence
(a)The prosecution witnesses
The appellant, who was 22 years old, resided with the deceased child and the child's mother, Katherine Grainger, at Beachmere. Ms Grainger gave birth to Liam on 11 January 2001. The child was not a difficult baby initially but after the third or fourth week he cried more and slept less; he developed thrush on his tongue. Because he was so unsettled, his parents changed his sleeping arrangements from a cot in the second bedroom to a pram in the main bedroom, which Ms Grainger shared with the…
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- AGLC
- R v Turmaine [2004] QCA 75
- Case
- [2004] QCA 75
- Decision Date
CaseChat Overview and Summary
The central legal issue in this appeal was whether the confessions made by the appellant were reliable and voluntary, and if the jury could be satisfied beyond reasonable doubt of the appellant's guilt based on the evidence presented. The court needed to consider the reliability of the confessions, which were made at different times and under varying circumstances, including when the appellant was very drunk. Furthermore, the court examined whether the trial judge's directions to the jury regarding the evaluation of the confessions were adequate.
The court concluded that the jury was properly directed on the evaluation of the confessions and that it was open to them to be satisfied beyond reasonable doubt of the appellant's guilt based on the evidence presented. The court found that the appellant's confessions, despite their questionable reliability, were still admissible and could support the conviction. Consequently, the appeal against the conviction was dismissed.
Orders
Orders of the court
Appeal against conviction dismissed
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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