R v Strbak

• 1. Criminal Law
  2. › Appeal and new trial
  3. › Appeal against sentence
  4. › Grounds for interference
  5. › Sentencing judge mistaking the facts
  6. › Whether factual finding that applicant inflicted fatal injuries was open
  7. › Whether circumstantial case sufficient to prove disputed fact on balance of probabilities
  8. › Criminal Code (Qld), ss 668D, 668E
• 1. Criminal Law
  2. › Appeal and new trial
  3. › Appeal against sentence
  4. › Scope of appellate review of factual findings
  5. › Whether appeal against sentence is appeal in strict sense or by way of rehearing
  6. › Whether Court of Appeal limited to finding that factual finding was not reasonably open or product of legal error
  7. › Whether broader House v The King 'mistakes the facts' standard applies
  8. › Criminal Code (Qld), ss 668D(1)(c), 668E(3)
• 1. Criminal Law
  2. › Appeal and new trial
  3. › Appeal against sentence
  4. › Particular offences
  5. › Manslaughter
  6. › Sentencing on disputed factual basis
  7. › Whether sentencing judge erred in binary approach comparing circumstantial cases against two possible perpetrators
  8. › Evidence Act 1977 (Qld), s 132C
• 1. Evidence
  2. › Witnesses
  3. › Section 13A witness
  4. › Whether sentencing judge required to warn himself of witness's incentive to lie
  5. › Penalties and Sentences Act 1992 (Qld), s 13A

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