Strbak v. The Queen

Lower Court Judgment

12/03/2019 Supreme Court of Queensland (Court of Appeal) (Fraser and McMurdo JJA, and Crow J)

[2019] QCA 42

Catchwords

Criminal law – Sentencing – Right to silence – Where appellant pleaded guilty to manslaughter of four year old son but contested factual basis of conviction – Where sentencing judge applied R v Miller [2004] 1 Qd R 548 which held that sentencing judge may more readily accept or draw inferences from prosecution evidence which is uncontradicted – Where contended before Queensland Court of Appeal that Miller is wrong and should be revisited because it impermissibly infringes on right to silence – Whether refusing to reconsider Miller was constructive failure by Queensland Court of Appeal to exercise its jurisdiction.

Short particulars