Court of Appeal

R v Hannaford [2017] QCA 036 (15/271) Fraser JA and Dalton and Burns JJ 17 March 2017

Full-text: QCA17-036.pdf

Catchwords

CRIMINAL LAW APPEAL AND NEW TRIAL PARTICULAR GROUNDS OF APPEAL MISDIRECTION OR NON-DIRECTION PARTICULAR CASES WHERE APPEAL DISMISSED where the appellant was convicted by a jury of murder where the appellant contended that the trial judge wrongly permitted a lie allegedly told by the appellant to go to the jury as evidence of consciousness of guilt where the appellant further contended that the trial judge erred in the directions given to the jury concerning the use to which the alleged lie could be put by the jury whether the evidence at trial was capable of establishing that the alleged lie, if told, was untrue whether the alleged lie was capable of amounting to evidence of consciousness of guilt

CRIMINAL LAW APPEAL AND NEW TRIAL PARTICULAR GROUNDS OF APPEAL MISCARRIAGE OF JUSTICE GENERALLY where the appellant was convicted by a jury of murder where the appellant contended that a miscarriage of justice occurred as a result of expert evidence given regarding a comparison of fibres and the repetition of the same in the summing up where the appellant further contended that a miscarriage of justice occurred as a result of evidence given regarding presumptive testing for the presence of blood on an axe purchased by the appellant and the characterisation of that evidence in the summing up whether aspects of the fibre comparison evidence were admissible whether the limitations of the fibre comparison evidence were made clear by the trial judge in the summing up whether the evidence regarding the presumptive testing for the presence of blood was admissible whether the trial judge fell into error when characterising the evidence regarding the presumptive testing in the summing up whether there was a miscarriage of justice