Strbak v. The Queen
Case No.
B55/2019
Case Information
Lower Court Judgment
12/03/2019 Supreme Court of Queensland (Court of Appeal) (Fraser and McMurdo JJA, and Crow J)
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.
Documents*
11/09/2019 Determination (SLA, Canberra)
24/09/2019 Notice of appeal
25/10/2019 Written submissions (Appellant)
25/10/2019 Chronology (Appellant)
15/11/2019 Written submissions (Respondent)
22/11/2019 Reply
06/12/2019 Hearing (Full Court, Canberra) (Audio-visual recording)
06/12/2019 Outline of oral argument (Appellant)
06/12/2019 Outline of oral argument (Respondent)
11/12/2019 Amended Notice of appeal
18/03/2020 Judgment (Judgment summary)