Queensland Judgments
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R v Da Costa
[2005] QCA 385 (05/0142) Brisb McPherson JA Keane JA Douglas J 14/10/2005
Catchwords
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – MISDIRECTION AND NON-DIRECTION – GENERAL MATTERS – PRESENTATION OF DEFENCE CASE AND CROWN CASE AND REVIEW OF EVIDENCE – GENERALLY – where appellant convicted of unlawful wounding – where offence was committed in company – where no evidence as to which of the accused had done the actual wounding – where Crown case was that the appellant was either directly responsible for the wounding or was a guilty party to it – where appellant argued that the verdict was unsafe and unsatisfactory on the grounds that there was impermissible speculation on the part of the jury – whether verdict safe