R v Simpson

[2013] QCA 250

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. › Attempted murder
5. › Whether open to jury to be satisfied beyond reasonable doubt of intention to kill
6. › Whether competing inference of intention to do serious harm equally open
1. Criminal Law
2. › Evidence
3. › Identification evidence
4. › Warning advisable or required
5. › Domican direction
6. › Whether direction required where identity of accused not in dispute but participation in offence contested
1. Criminal Law
2. › Appeal and new trial
3. › Particular grounds of appeal
4. › Misdirection and non-direction
5. › Circumstantial evidence directions
6. › Whether trial judge required to identify specific intermediate facts from which inference of intention to kill could be drawn

Quick Take

A Domican identification direction is not required where the accused's identity is not in dispute and the real issue is whether the admittedly identified person participated in the offence. The distinction is between the reliability of identification evidence and the reliability of evidence as to the actions of an admittedly identified person.

Case Details

Citation[2013] QCA 250

CourtQCA

JurisdictionQueensland

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Cited by3

2015R v StewartQCA 231
2007Baxter v ReginaNSWCCA 237
2002R v WhitfieldNSWCCA 501

Relies on3

2006R v ButlerQCA 51
1994M v RHCA 63
1992Domican v RHCA 13

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