Court of Appeal

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R v Hartfiel [2014] QCA 132 (14/0009) Margaret McMurdo P and Muir JA and Dalton J 06/06/2014

Full-text: QCA14-132.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 convicted after a trial of three counts of forgery and three counts of uttering where the appellant was found guilty on all counts except one count of forgery where appellant contends that the primary judge erred in law in failing to direct the jury that no adverse inference could be drawn from the fact that the appellant did not give evidence whether the primary judge erred in directing the jury in her summing up whether the failure to direct the jury as alleged constituted a miscarriage of justice whether s 668E(1A) of the Criminal Code (Qld) applies