The Queensland Court of Appeal allowed the appeal and ordered a retrial where the prosecution failed to open the evidence of an accomplice witness, failed to bring to the court's attention that the witness had given evidence pursuant to a s 13A undertaking under the Penalties and Sentences Act 1992 (Qld), and the trial judge failed to give an accomplice warning. The Crown conceded that the absence of a warning to the jury to scrutinise with care the evidence of an accomplice who expected a sentencing discount for cooperation constituted a miscarriage of justice.
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