R v Trifyllis

[1998] QCA 416

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against conviction
3. › Assault occasioning bodily harm
4. › Particulars
5. › Disconformity between particulars and evidence
6. › Whether appellant deprived of fair trial
7. › Whether conviction should stand where evidence varied from particulars
8. › Criminal Code (Qld), ss 564, 572, 573
1. Criminal Law
2. › Appeal against conviction
3. › Assault occasioning bodily harm
4. › Duplicity
5. › Whether indictment charging single count was duplicitous
6. › Whether evidence disclosed single transaction or multiple offences
1. Criminal Law
2. › Appeal against conviction
3. › Unsafe and unsatisfactory verdict
4. › Self-defence and provocation
5. › Whether Crown proved beyond reasonable doubt that appellant did not act in self-defence or in response to provocation

Quick Take

Where the Crown case is of a single episode of assault described differently by various witnesses, a disconformity between the particulars given and the evidence adduced does not vitiate the conviction where the accused had full notice of the Crown case and cannot identify any prejudice to the conduct of the defence. The number of blows and the precise positioning of the parties are evidentiary details that do not affect the essential character of the offence charged.