R v Lang

[2022] QCA 29

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. › Circumstantial case
5. › Murder
6. › Whether prosecution excluded beyond reasonable doubt the possibility of suicide
7. › Whether verdict unreasonable
1. Criminal Law
2. › Appeal and new trial
3. › Miscarriage of justice
4. › Improper admission or rejection of evidence
5. › Expert evidence
6. › Forensic pathologist
7. › Whether forensic pathologist's training and experience justified opinion on likelihood of cause of death
8. › Whether opinion that death more likely caused by second person was admissible
1. Criminal Law
2. › Evidence
3. › Consciousness of guilt
4. › Lies told to police
5. › Whether deliberate lie about victim's phone constituted evidence of consciousness of guilt of murder

Quick Take

A forensic pathologist's training and experience in conducting post mortems of stabbing deaths, combined with familiarity with the literature, provides a sufficient foundation for an opinion on whether a death was more likely homicide or suicide, and a concession that the expert can identify factors favouring each view is irreconcilable with a submission that the expert cannot offer the ultimate opinion.

Case Details

Citation[2022] QCA 29

CourtQCA

JurisdictionQueensland

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Cited by1

2023Lang v The QueenHCA 29

Relies on7

2021R v MillerQCA 126
2020R v BoscainoQCA 275
2019R v MahonyQCA 131
2016The Queen v Baden-ClayHCA 35
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