R v McGoldrick

[2013] QCA 157

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal and new trial
3. › Verdict unreasonable or insupportable having regard to evidence
4. › Circumstantial case
5. › Conflicting expert evidence as to time of death
6. › Witness evidence of sightings after alleged time of death
7. › Whether verdict unreasonable
8. › Criminal Code 1899 (Qld), s 668E(1)
1. Criminal Law
2. › Appeal and new trial
3. › Particular grounds of appeal
4. › Misdirection and non-direction
5. › Redirection after jury note indicating impasse
6. › Expert evidence of forensic pathologists concerning time of death
7. › Whether redirection incorrectly emphasised onus of proof

Quick Take

A powerful circumstantial case can sustain a murder conviction notwithstanding conflicting expert pathology evidence as to time of death and witness evidence of sightings of the deceased after the alleged time of death, where the expert evidence is qualified as to its reliability and the sighting witnesses' evidence is not persuasive. A redirection that reminds the jury of the beyond reasonable doubt standard and directs them to consider all relevant evidence (not just expert evidence) is not a misdirection.