R v Woods

Case [2001] QCA 474


SUPREME COURT OF QUEENSLAND

CITATION: R v Woods [2001] QCA 474

PARTIES:

R
v
WOODS, Mark William
(applicant/appellant)

FILE NO/S:

CA No 320 of 2000
DC No 3035 of 1997

DIVISION:

Court of Appeal

PROCEEDING: Appeal against Conviction
Sentence Application

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

2 November 2001

DELIVERED AT:

Brisbane

HEARING DATE:

28 September 2001

JUDGES:

McPherson JA, Jones and Mullins JJ
Separate reasons for judgment of each member of the Court, each concurring as to the orders made.

ORDER:

1.   Appeal against conviction dismissed.

2.   Application for leave to appeal against sentence dismissed.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – UNREASONABLE OR INSUPPORTABLE VERDICT – where appellant convicted of armed robbery, deprivation of liberty and break and enter with intent – whether evidence sufficient to support verdict

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – FAIRNESS OF TRIAL – where appellant alleges failure of his solicitors to carry out instructions – whether miscarriage of justice – whether learned trial judge showed “prejudicial conduct” during trial

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPLICATION FOR LEAVE TO APPEAL AGAINST SENTENCE – APPLICATION DEALT WITH ON MERITS – whether sentence imposed at trial manifestly excessive – party of sentence with co-accused – whether learned trial judge biased

R v Jones [2000] QCA 84; CA No 393 of 1999, 17 March 2000, considered

COUNSEL:

The appellant appeared on his own behalf
SG Bain for the respondent

SOLICITORS: The appellant appeared on his own behalf
Director of Public Prosecutions (Queensland) for the respondent
  1. McPHERSON JA:  I agree with the reasons of Mullins J for dismissing this appeal against conviction and for refusing leave to appeal against sentence.

  1. JONES J:  I agree with the reasons of Mullins J and with the orders proposed.

  1. MULLINS J:  The appellant was convicted on 31 October 2000 of 1 count of armed robbery, 2 counts of deprivation of liberty and 1 count of break and enter with intent (“the robbery charges”) arising out of the armed robbery of the Junction Hotel at Annerley on 30 April 1990 in which the sum of $34,692.55 was stolen.  The primary grounds of appeal in the notice of appeal are that the decision of the jury was unreasonable or cannot be supported, having regard to the evidence, and was unsafe and unsatisfactory.  Another ground of appeal put in issue the fairness of the trial due to the conduct of the learned trial judge.  The appellant’s written submissions sought to impugn the fairness of the trial due to the alleged failure of the appellant’s solicitor to carry out the appellant’s instructions. 

  1. The appellant was unrepresented in connection with all aspects of this appeal. 

  1. The appellant delivered a number of documents to the court in support of his appeal including a document which was described as being his affidavit…

Continue reading R v Woods

Sign in free to access the full text

Details
AGLC
R v Woods [2001] QCA 474
Case
[2001] QCA 474
Decision Date

CaseChat Overview and Summary

The appellant, Woods, appealed against his conviction for armed robbery, deprivation of liberty, and break and enter with intent. The appeal was heard in the High Court of Australia. Woods argued that the evidence was insufficient to support the verdict, and that there was a miscarriage of justice due to the failure of his solicitors to carry out his instructions. He also claimed that the learned trial judge showed prejudicial conduct during the trial.

The court was required to determine whether the evidence was sufficient to support the verdict, whether the failure of the appellant's solicitors to carry out his instructions amounted to a miscarriage of justice, and whether the learned trial judge showed prejudicial conduct during the trial. The court also needed to decide whether the sentence imposed at trial was manifestly excessive, and whether the learned trial judge was biased in sentencing the appellant with his co-accused.

The court found that the evidence was sufficient to support the verdict, and that the failure of the appellant's solicitors to carry out his instructions did not amount to a miscarriage of justice. The court also found that the learned trial judge did not show prejudicial conduct during the trial. The court further found that the sentence imposed at trial was not manifestly excessive, and that the learned trial judge was not biased in sentencing the appellant with his co-accused. The court dismissed the appeal against conviction and the application for leave to appeal against sentence.

The High Court of Australia dismissed the appeal against conviction and the application for leave to appeal against sentence. The court found that the evidence was sufficient to support the verdict, and that the failure of the appellant's solicitors to carry out his instructions did not amount to a miscarriage of justice. The court also found that the learned trial judge did not show prejudicial conduct during the trial, and that the sentence imposed at trial was not manifestly excessive. The court further found that the learned trial judge was not biased in sentencing the appellant with his co-accused.

Orders

Orders of the court

1. Appeal against conviction dismissed.

2. Application for leave to appeal against sentence dismissed.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.