Court of Appeal

R v Beetham [2014] QCA 131 (14/0017) Margaret McMurdo P and Muir JA and Douglas J 6 June 2014

Full-text: QCA14-131.pdf

Catchwords

CRIMINAL LAW APPEAL AND NEW TRIAL MISCARRIAGE OF JUSTICE PARTICULAR CIRCUMSTANCES AMOUNTING TO MISCARRIAGE MISDIRECTION OR NON-DIRECTION NON-DIRECTION where the appellant was a repeat customer of the business managed by the complainant where the business supplied parts which were neither paid for nor returned where the complainant phoned the appellant to discuss the payment or return of the parts and a heated argument developed where the complainant gave evidence that the appellant punched him with his right closed fist on the left side of his jaw where the appellant gave evidence that the complainant threw a punch which the appellant was able to duck and only then did he punch the complainant where the appellant's account was supported by all eyewitnesses other than the complainant and raised s 271(2) Criminal Code where the trial judge directed the jury only in terms of s 271(1) Criminal Code where neither counsel at trial nor the judge discussed whether s 271(2) Criminal Code should be left to the jury whether the failure to direct on s 271(2) Criminal Code constituted a miscarriage of justice