The Queensland Court of Appeal held that the trial judge's exclusion of evidence of prior threats directed at the appellant constituted a miscarriage of justice, as that evidence was relevant to the defence of duress under s 31(1)(d) of the Criminal Code (Qld). The conviction was set aside and a new trial ordered on count 4 of the indictment. The case confirms that evidence of antecedent threats is admissible to establish the factual foundation for a duress defence in the context of offences under the Corrective Services Act 1988 (Qld).
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