R v Isherwood

[2005] QCA 251

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal and new trial
3. › Miscarriage of justice
4. › Improper admission or rejection of evidence
5. › Cross-examination of accused tending to show criminal convictions
6. › Whether question contravened s 15(2) of Evidence Act 1977 (Qld)
7. › Whether trial judge erred in failing to discharge jury
8. › Evidence Act 1977 (Qld), s 15(2)
1. Criminal Law
2. › Appeal and new trial
3. › Fresh evidence
4. › Availability at trial
5. › Co-accused who pleaded guilty
6. › Whether evidence unavailable at trial where co-accused refused to provide statement but could have been subpoenaed
7. › Whether different result a significant possibility
1. Criminal Law
2. › Appeal and new trial
3. › Appeal against sentence
4. › Disparity between co-offenders
5. › Whether differences in criminal history, plea, and offending on bail justified different non-parole periods

Quick Take

A cross-examination question directed at establishing that no application had been made for a licence does not contravene s 15(2) of the Evidence Act 1977 (Qld) merely because the accused's non-responsive answer reveals criminal convictions, where the question in context did not tend to show convictions. An application to call a co-accused as fresh evidence on appeal will fail where the co-accused could have been subpoenaed at trial and no affidavit or statement from the proposed witness is provided to the appellate court.