Full Court Minute Books

Case B52/2022

BDO v. The Queen

Case No.


Case Information

Lower Court Judgment

15/10/2021 Supreme Court of Queensland (Court of Appeal) (Sofronoff P, Bowskill SJA and Boddice J)

[2021] QCA 220


Criminal law – Criminal liability and capacity – Doli incapax – Where High Court in RP v The Queen (2016) 259 CLR 641 identified "knowledge of moral wrongness" as focus of doli incapax inquiry – Where s 29 of Criminal Code (Qld) provides age of maturity – Whether statement of principles on doli incapax at common law articulated in RP v The Queen apply to s 29 of Criminal Code (Qld). 

Criminal practice – Appeal – Miscarriage of justice – Application of proviso that no substantial miscarriage of justice actually occurred – Criminal Code (Qld), s 668E(1) – Where, at trial, trial judge proceeded on mistaken view that during entire period reflected on indictment, s 349(3) of Criminal Code deemed child under age of 12 unable to consent – Where s 349(3) did not come into force until mid-way through charge period – Where Court of Appeal held trial judge's direction erroneous insofar as any of appellant's acts took place prior to commencement of s 349(3) – Where Court of Appeal held no substantial miscarriage of justice occurred – Whether proviso applies where, by judicial error, Crown relieved of proving contested element of offence. 


21/10/2022 Hearing (SLA, Canberra by video connection)

03/11/2022 Notice of appeal

09/12/2022 Written submissions (Appellant)

09/12/2022 Chronology (Appellant)

22/12/2022 Proposed submissions seeking leave to be heard as amicus curiae (Aboriginal Legal Service of Western Australia Ltd)

13/01/2023 Written submissions (Respondent) (redacted copy provided 30/3/23)

03/02/2023 Reply

20/04/2023 Hearing (Full Court, Canberra) (Audio-visual recording)

20/04/2023 Outline of oral argument (Appellant)

20/04/2023 Outline of oral argument (Respondent)

17/05/2023 Judgment (Judgment summary)


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