SUPREME COURT OF QUEENSLAND
CITATION: R v Vidler [2000] QCA 63 PARTIES: R
v
VIDLER, Bradley Milton Craig
(appellant)FILE NO/S: CA No 356 of 1999
SC No 464 of 1998DIVISION: Court of Appeal PROCEEDING: Appeal against conviction ORIGINATING COURT: Supreme Court at Cairns
DELIVERED ON: 10 March 2000 DELIVERED AT: Brisbane HEARING DATE: 25 February 2000 JUDGES: McMurdo P, Pincus and Thomas JJA
Judgment of the CourtORDER: Appeal against conviction dismissed CATCHWORDS: CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – MISCARRIAGE OF JUSTICE – PARTICULAR CIRCUMSTANCES INVOLVING MISCARRIAGE – MISDIRECTION AND NON-DIRECTION
CRIMINAL LAW – CRIMINAL LIABILITY AND CAPACITY – DEFENCE MATTERS – PROVOCATION – OBJECTIVE TEST – whether misdirection with respect to provocation – whether use of the term “reasonable” rendered direction erroneous
CRIMINAL LAW - CRIMINAL LIABILITY AND CAPACITY – DEFENCE MATTERS – SELF-DEFENCE AND OTHER FORMS OF DEFENCE – GENERALLY – whether misdirection with respect to self-defence – whether test as stated included “reasonable person” element – whether test as stated offended principle in Gray (1998) 98 A Crim R 589 – whether Gray should be reconsidered
JURISDICTION PRACTICE AND PROCEDURE – SUMMING UP
Criminal Code (Qld), s 271(2)
Julian (1998) 100 A Crim R 430, considered
Gray (1998) 98 A Crim R 589, considered and applied
Mascianto (1994-1995) 183 CLR 58, considered
Stingel (1990) 171 CLR 312, consideredCOUNSEL: Mr A J Rafter for the appellant
Mr R Martin for the respondentSOLICITORS: Legal Aid Queensland for the appellant
Director of Public Prosecutions (Queensland) for the respondent
THE COURT: This is an appeal against a conviction of murder.
The appellant late on the afternoon of 2 May 1998 shot the deceased (Edwards) by discharging a .22 rifle. Differing accounts were given as to the circumstances of the shooting and of the antecedent events.
The events took place in and around Daintree. There was evidence that the appellant in the early hours of 2 May came to Edwards' house where he abused and threatened his girlfriend Dianne who was staying there following some unpleasantness elsewhere the previous night. There was evidence of resentment on the appellant's part against Edwards because he suspected him of having a sexual relationship with Dianne. The appellant left after behaving in a generally violent and disorderly manner but returned and slept in his car nearby until daybreak.
The following day at the house of a man named Parker the appellant made aggressive statements to Dianne including "I want you out of town tonight". The evidence shows that by this time there were two identifiable "camps" or groups, one of them supportive of Dianne and the other supportive of the appellant. The appellant's supporters included persons named Veress and Cooke. The other group included Edwards, Parker and Wilson. The appellant made threats that if Dianne was not out of town by 6.00 pm that night she'd be dead and so would anyone else that helped her. Earlier the appellant…
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- AGLC
- R v Vidler [2000] QCA 63
- Case
- [2000] QCA 63
- Decision Date
CaseChat Overview and Summary
The court examined whether the trial judge's directions regarding provocation and self-defence contained an erroneous element by incorporating a "reasonable person" standard. This raised questions about whether such a standard was applicable and whether it aligned with the established legal principles. The court also considered if the case of Gray should be revisited to clarify the appropriate test for these defences. The appeal hinged on the interpretation and application of these defences and whether any misdirections made by the trial judge warranted a new trial or an appeal against conviction.
In its reasoning, the court determined that the trial judge's directions, while perhaps not perfectly phrased, did not result in a miscarriage of justice. The court held that the judge's overall instructions to the jury were sufficient to ensure that the defences were properly considered, and any potential misdirection did not prejudice the appellant's case. The court concluded that the trial judge's directions, when viewed as a whole, did not contain any fundamental errors that would warrant a new trial or an appeal against conviction.
The appeal was dismissed, and the conviction stood affirmed. The court found that the trial judge's directions, although not ideal, did not constitute a miscarriage of justice and did not misdirect the jury to the extent that it necessitated overturning the conviction.
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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