R v Gibb

[2018] QCA 120

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Property offences
3. › Burglary
4. › Breaking
5. › Whether lifting an already partly open garage door constitutes 'breaking'
6. › Criminal Code (Qld), ss 418(1), 419(1)
1. Criminal Law
2. › Appeal and new trial
3. › Verdict unreasonable or insupportable having regard to evidence
4. › Whether jury entitled to be satisfied beyond reasonable doubt
5. › Credibility determinations
6. › Criminal Code (Qld), s 668E(1)
1. Criminal Law
2. › Appeal and new trial
3. › Miscarriage of justice
4. › Unrepresented accused
5. › Refusal of adjournment
6. › Whether accused's lack of representation through own fault
7. › Dietrich v The Queen
1. Criminal Law
2. › Appeal and new trial
3. › Miscarriage of justice
4. › Fitness for trial
5. › Whether medical evidence established unfitness
6. › Whether trial judge erred in concluding appellant fit to stand trial

Quick Take

A person who pushes or lifts an already opened door or window does not 'break' a dwelling within the meaning of s 418(1) of the Criminal Code (Qld). This follows the interpretation given to the same words in the Criminal Code (WA) by the Western Australian appellate courts in Halley v The Crown and Galea v The Queen. The Dietrich right to an adjournment does not arise where the accused's lack of representation is through their own fault, particularly where there is a history of deliberately engineering the withdrawal of legal representatives.