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[Full-text PDF] R v English [2004] QCA 378 (04/0197) Brisb de Jersey CJ Jerrard JA Jones J 15/10/2004

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CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – MISDIRECTION AND NON-DIRECTION – GENERAL MATTERS – OTHER MATTERS – where appellant convicted after a trial of one count of grievous bodily harm – where trial judge directed jury to return a verdict of not guilty with respect to appellant’s co-accused – whether trial judge erred in not directing the jury as to what evidence could be considered against the appellant and not warning the jury to disregard the remaining or other evidence – where no request for redirection – whether appellant lost a chance of acquittal reasonably open to him

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – CIRCUMSTANCES OF OFFENDER – where applicant convicted after a trial of one count of grievous bodily harm – where sentenced to 12 months imprisonment –where no evident remorse – whether sentence manifestly excessive