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Queensland Judgments

[Full-text PDF] R v Daley [2005] QCA 162 (04/0336) Brisb Williams JA Keane JA Muir J 12/05/2005 (delivered ex tempore)

Catchwords

CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - PARDON, COMMUTATION OF PENALTY, REFERENCE ON PETITION FOR PARDON AND INQUIRY AFTER CONVICTION - REFERENCE TO COURT - where accused convicted of killing a goat belonging to his neighbours - where neighbours gave evidence for the prosecution at trial - where new witness statements gathered since trial showed history of animosity directed towards the accused by neighbours - where new ballistics evidence cast doubt on whether a goat had actually been killed - whether there had been a miscarriage of justice - whether conviction should be set aside