R v Kingston

[2025] QCA 73

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal and new trial
3. › Miscarriage of justice
4. › Refusal to discharge jury
5. › Prejudicial event during Crown address
6. › Whether trial judge's refusal to discharge jury occasioned miscarriage of justice
7. › Whether judicial directions effectively overcame apprehended prejudice
1. Criminal Law
2. › Appeal and new trial
3. › Appeal against sentence
4. › Grounds for interference
5. › Manifest excess
6. › Whether sentence of imprisonment with actual custody manifestly excessive
7. › Relevance of general deterrence for breach of trust offences
8. › Corporations Act 2001 (Cth), ss 184, 1309
1. Criminal Law
2. › Appeal and new trial
3. › Appeal against sentence
4. › Grounds for interference
5. › Specific error
6. › Whether sentencing judge erred in factual findings
7. › Whether finding that conduct was not motivated by recovery of unpaid remuneration was open on the evidence

Quick Take

Clear and precise judicial directions specifying the particularised bases for dishonesty on each count, including an instruction to draw a line through irrelevant particulars, can effectively overcome the prejudicial effect of a Crown disavowal of one basis for dishonesty mid-trial.

Case Details

Citation[2025] QCA 73

CourtQCA

JurisdictionQueensland

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Cited by1

2011R v McLeanQCA 218

Relies on7

2024R v BosscherQCA 253
2023HCF v The QueenHCA 35
2021Zhou v RNSWCCA 278
2018R v Fellowes; ex parte Commonwealth Director of Public ProsecutionsQCA 238
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