The Queensland Court of Appeal held that the trial judge's summing up failed to adequately identify the issues and relevant facts concerning the defences of insanity (s 27 Criminal Code) and diminished responsibility (s 304A Criminal Code), constituting a miscarriage of justice. The conviction was quashed and a retrial ordered. The decision reinforces the obligation on trial judges to clearly direct juries on the nature of mental state defences and the evidence supporting them.
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