GBF v. The Queen
Case No.
B18/2020
Case Information
Lower Court Judgment
01/02/2019 Supreme Court of Queensland (Court of Appeal) (Morrison JA, Philippides JA and Boddice J)
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.
Documents
15/04/2020 Determination (SLA, Canberra)
27/04/2020 Notice of appeal
03/06/2020 Written submissions (Appellant)
03/06/2020 Chronology (Appellant)
02/07/2020 Written submissions (Respondent)
22/07/2020 Reply
10/09/2020 Hearing (Full Court, Canberra)
10/09/2020 Outline of oral argument (Appellant)
10/09/2020 Outline of oral argument (Respondent)
04/11/2020 Judgment (Judgment summary)