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Queensland Judgments

[Full-text PDF] R v Lowe [2004] QCA 398 (03/0389) Brisb Davies JA Williams JA Jerrard JA 29/10/2004

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Catchwords

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – MISDIRECTION AND NON-DIRECTION – GENERAL MATTERS – JOINT TRIAL OF SEVERAL PERSONS – where appellant gave evidence against co-accused – where “accomplice warning” given – where trial judge did not direct the jury that the warning given applied only to the jury’s consideration of the case against the co-accused and not in the case against the appellant – whether trial judge failed to maintain the balance in accordance with the reasoning in Webb v The Queen – whether misdirection occasioned a substantial miscarriage of justice – whether appellant lost a chance of acquittal fairly open

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – JUDGMENT AND PUNISHMENT – SENTENCE – FACTORS TO BE TAKEN INTO ACCOUNT – CIRCUMSTANCES OF OFFENCE – where appellant convicted of one count of trafficking in methylamphetamine and other drug related offences including production of methylamphetamine after a trial – where appellant received a head sentence of 18 years imprisonment – where trafficking occurred over a period of 20 months – whether sentence manifestly excessive