R v Walton

[2016] QCA 317

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. › Whether conviction unsafe or unsatisfactory
5. › Prosecution case based largely on admissions
6. › Whether contradictory evidence about another person of interest undermined verdict
1. Criminal Law
2. › Appeal and new trial
3. › Particular grounds of appeal
4. › Conduct of prosecutor or prosecution
5. › Disclosure obligations
6. › Whether loss of legal representation triggered fresh obligation to disclose indictment directly to accused
7. › Criminal Code (Qld), ss 590AG, 590AH(2), 590AM(2), 590AN
1. Criminal Law
2. › Appeal and new trial
3. › Summing-up
4. › Whether deficiencies in summing-up rendered verdict unsafe
5. › Whether self-represented accused entitled to specific instruction on right to seek redirections

Quick Take

Where the prosecution has disclosed a copy of the indictment to an accused person's solicitors under s 590AH(2) of the Criminal Code (Qld), the subsequent withdrawal of those solicitors does not trigger a fresh obligation on the prosecution to disclose the indictment directly to the now self-represented accused. Section 590AN of the Code reinforces that the prosecution is not required to give an accused person anything already given to a lawyer acting for the accused.

Case Details

Citation[2016] QCA 317

CourtQCA

JurisdictionQueensland

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Relies on2

2016R v WaltonQCA 17
2002Mfa v RHCA 53

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