GBF v. The Queen

Lower Court Judgment

01/02/2019 Supreme Court of Queensland (Court of Appeal) (Morrison JA, Philippides JA and Boddice J)

[2019] QCA 4

Catchwords

Criminal law –Right to silence –Presumption of innocence –Where trial judge said to jury that lack of sworn evidence from appellant contradicting complainant’s evidence might “make it easier” to assess complainant’s credibility –Where appellant subsequently convicted –Where Queensland Court of Appeal held that trial judge’s statement was error but did not occasion miscarriage of justice where no redirection sought and where other contrary directions given –Whether statement to jury that undermines right to silence and presumption of innocence can be held to not amount to miscarriage of justice.

Short particulars