R v Pbi

[2022] QCA 170

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Verdict unreasonable or insupportable having regard to evidence
4. › Inconsistent verdicts
5. › Whether acquittals on some counts inconsistent with convictions on other counts arising from same episode
6. › Whether verdicts reconcilable by reference to differences in quality and persuasiveness of evidence supporting each count
1. Criminal Law
2. › Appeal
3. › Verdict unreasonable or insupportable having regard to evidence
4. › Inconsistent verdicts
5. › Principles governing appellate assessment
6. › Test of logic and reasonableness
7. › Whether reasonable jury properly directing itself could have arrived at the various verdicts
1. Criminal Law
2. › Practice and Procedure
3. › Trial
4. › Particulars of offence
5. › Whether particulars should be tendered as exhibit or marked for identification only
6. › Function of particulars as pleadings not evidence

Quick Take

Where offences arise from a single episode, jury verdicts of conviction on some counts and acquittal on others are reconcilable where the evidence supporting the counts differs materially in detail, explicitness, and corroboration. The reception of particulars of offence into evidence as an exhibit (rather than marking them for identification) is an error, though not necessarily one causing a miscarriage of justice.

Case Details

Citation[2022] QCA 170

CourtQCA

JurisdictionQueensland

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Relies on10

2017R v McLucasQCA 262
2017R v FanningQCA 244
2017R v Conn; R v Conn; Ex parte Attorney-GeneralQCA 220
2015R v GawQCA 166
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