R v Hma

[2024] QCA 156

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal and new trial
3. › Particular grounds of appeal
4. › Improper admission or rejection of evidence
5. › Evidence of prior acquittal
6. › Whether trial judge erred in ruling defence could not adduce evidence of acquittals at earlier trial
7. › Whether ruling constituted wrong decision of question of law
8. › Criminal Code (Qld), s 668E(1)
1. Criminal Law
2. › Evidence
3. › Relevance
4. › Evidence of prior acquittal
5. › Admissibility where defence seeks to adduce evidence of acquittal to challenge credibility of witnesses
6. › Whether principles in R v Storey and Washer v Western Australia limited to Crown use of evidence subject to acquittal
1. Criminal Law
2. › Trial
3. › Conduct of defence
4. › Constraint on cross-examination
5. › Whether ruling precluded legitimate line of questioning challenging credibility and reliability of complainant and witnesses
6. › Whether defence prejudiced by inability to advance fabrication and extortion theory

Quick Take

Evidence of prior acquittals may be adduced by the defence where relevant to the defence case theory, but notice must be given to the trial judge before seeking to adduce such evidence in cross-examination, and appropriate directions must be proposed.