Andrew O’Brien appeared for the appellant (TAZ), instructed by Jones & Associates.
The primary issues considered were whether to grant both applicants a no jury order pursuant to s 615 of the Criminal Code Act 1899 (Qld), regarding a retrial ordered in a successful appeal against a joint charge of murder.
The Court, with reference to the applicants’ submissions of media attention regarding the case, held that the reporting was so vociferous and its content so prejudicial that jury deliberations may well be affected such that the applicants could not be assured of a fair trial. The Court subsequently ordered that the applicants be tried by a judge alone.
The judgment can be read by clicking here
