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Home > Qld Judgments > Supreme Court: Court of Appeal 2005 > R v Macphee [2005] QCA 175

Queensland Judgments

[Full-text PDF] R v Macphee [2005] QCA 175 (04/0414) Brisb Williams JA Fryberg J Holmes J 27/05/2005

Catchwords

CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS - UNREASONABLE OR INSUPPORTABLE VERDICT - WHERE GROUNDS FOR INTERFERENCE WITH VERDICT - WHERE EVIDENCE CIRCUMSTANTIAL - where appellant convicted of manslaughter - where appellant and R present in house on day of death of the deceased - whether reasonable possibility that death caused by R was not excluded - whether verdict unreasonable

CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS - IMPROPER ADMISSION OR REJECTION OF EVIDENCE – GENERAL PRINCIPLES - whether evidence of injuries sustained by other babies of the appellant ought to have been admitted

CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS - MISDIRECTION AND NON-DIRECTION - WHERE GROUNDS FOR INTERFERENCE WITH VERDICT - PARTICULAR CASES - WHERE APPEAL DISMISSED - whether trial judge erred in directions given as to the use to be made of injuries sustained by other babies of the appellant