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Home > Qld Judgments > Supreme Court: Court of Appeal 2006 > R v Nahirni , Zmire & Zmire [2006] QCA 488

Queensland Judgments

[Full-text PDF] R v Nahirni , Zmire & Zmire [2006] QCA 488 (06/0182) Brisb McMurdo P Jerrard JA White J 24/11/2006

Catchwords

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – UNREASONABLE OR INSUPPORTABLE VERDICT – WHERE APPEAL DISMISSED – appellants were convicted of unlawful assault occasioning bodily harm when in company – each appellant was sentenced to 12 months imprisonment, suspended after two months, with an operational period of 12 months – whether verdicts were unreasonable and insupportable having regard to the evidence

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – MISDIRECTION AND NON-DIRECTION – GENERAL MATTERS – OTHER MATTERS – defence counsel relied on self-defence – trial judge directed jury on additional defences – trial judge instructed jury that it was his judicial duty to direct the jury on all possible defences and that the jury needed to be satisfied of guilt beyond reasonable doubt before they considered the defences – whether these instructions confused the jury about the subsequent directions on self-defence

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – MISCARRIAGE OF JUSTICE – CIRCUMSTANCES NOT INVOLVING MISCARRIAGE OR IN WHICH MISCARRIAGE NOT SUBSTANTIAL – IMPROPER ADMISSION OR REJECTION OF EVIDENCE – trial judge permitted cross-examination of one of the appellants about inconsistencies between his statements made during a police interview and during his examination-in-chief – prosecutor played entire tape recording of police interview – whether trial judge erred in allowing cross-examination – whether miscarriage of justice occurred

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS – MISDIRECTION AND NON-DIRECTION – GENERAL MATTERS – OTHER MATTERS – whether trial judge applied improper pressure to the jury to return a verdict