Court of Appeal

R v Irwin [2017] QCA 002 (16/135) Margaret McMurdo P and Gotterson JA and Mullins J 3 February 2017

Full-text: QCA17-002.pdf


CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE – APPEAL DISMISSED – where the appellant was convicted by jury of one count of grievous bodily harm – where the defences of accident under s 23(1)(b) and self-defence under s 271(1) Criminal Code 1899 (Qld) were raised on the evidence – where the appellant contends that the prosecution did not negative those defences beyond reasonable doubt – where the appellant contends that the complainant’s evidence was inconsistent or irreconcilable with the evidence of other witnesses at trial – where the appellant contends that the verdict was unsafe and unsatisfactory – whether a verdict of guilty was reasonably open to the jury on the whole of the evidence