Queensland Judgments
R v Kelly
[2006] QCA 467 (05/0175) Brisb McMurdo P Jerrard JA Wilson J 10/11/2006
Catchwords
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – INTERFERENCE WITH DISCRETION OR FINDING OF JUDGE – PARTICULAR MATTERS – OTHER INSTANCES OF INTERFERENCE – appellant/applicant was convicted of willingly and unlawfully killing a dog – whether the trial judge erred in granting leave to the prosecution under s 15(2) of the Evidence Act 1977 (Qld) to cross-examine the appellant/applicant about his prior convictions – whether the conduct of the appellant/applicant’s defence case involved imputations on the character of the prosecutor or a prosecution witness sufficient to enliven s 15(2) discretion – inconsistencies in appellant/applicant’s testimony were subjected to effective cross-examination – whether the effective cross-examination made it unnecessary for the prosecution to attack the credibility of the appellant/applicant by reference to his criminal history – whether the trial judge should have withdrawn his permission for the prosecution to cross-examine the appellant/applicant about his prior criminal history after an already effective cross-examination
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN GRANTED – GENERALLY – sentenced to four months imprisonment suspended after one month for an operational period of five years, and in addition was fined $5,000 in default of which two months imprisonment, cumulative if served, and allowed six months to pay – whether sentence was manifestly excessive
