R v Lbo

The Court of Appeal held that a body worn camera recording of police interactions with the complainant, which was referenced in a QPRIME report already disclosed to the defence and specifically discussed by the prosecutor in conference with the complainant, constituted relevant documentary material in the prosecution's possession requiring disclosure under s 590AB of the Criminal Code (Qld). The failure to disclose the recording — which contained statements by the complainant indicating awareness that a criminal offence by the applicant would enhance her custody position, and revealed the preliminary complaint witness's role in encouraging police involvement — constituted a miscarriage of justice applying Brawn v The King [2025] HCA 20, because in a trial with only two witnesses where credibility was the sole issue, the undisclosed material could realistically have affected the jury's reasoning by opening lines of inquiry into motive and the reliability of the preliminary complaint. The Court also held that where an appeal was abandoned on legal advice that did not have the benefit of knowing about the non-disclosure, reinstatement under r 70(3) was appropriate rather than requiring the applicant to satisfy the more onerous requirements for a subsequent appeal.