Andrew O’Brien KC (leading N Edridge) appeared pro bono for the appellants.
This case concerned an appeal against a murder conviction on the ground that the trial judge erred in not warning the jury against propensity reasoning as result of evidence led on appellant’s bad character and violent disposition. The Court of Appeal held that the relevance of such evidence was explained to the jury, and no challenge was made on that score, as the only real issue was the appellant’s state of mind contemplated by s 304A of the Criminal Code (Qld). Ultimately, the appeal was dismissed.
The judgment can be read by clicking here
