Craig v The Queen

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Craig v The Queen

[2018] HCA 13

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Craig v The Queen

[2018] HCA 13

HIGH COURT OF AUSTRALIAKIEFEL CJ,BELL, GAGELER, KEANE, NETTLE, GORDON AND EDELMAN JJRONALD MICHAEL CRAIG  APPELLANTANDTHE QUEEN   RESPONDENTCraig v The Queen[2018] HCA 1321 March 2018B24/2017ORDERAppeal dismissed.On appeal from the Supreme Court of QueenslandRepresentationJ A Griffin QC with E P Mac Giolla Ri and K M Hillard for the appellant (instructed by Fisher Dore Lawyers) C W Heaton QC with J A Wooldridge for the respondent (instructed by Director of Public Prosecutions (Qld))Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDS Craig v The Queen Criminal law – Appeal against conviction – Murder and manslaughter – Intention to kill or cause grievous bodily harm – Incorrect advice – Where appellant's case was that he had not intended to kill or cause grievous bodily harm – Where appellant incorrectly advised that giving evidence would likely lead to cross-examination on prior convictions – Where chance of cross-examination on prior convictions possible but not likely due to s 15(2) of Evidence Act 1977 (Q) – Where appellant's account of incident to his solicitor inconsistent with prior statements to police – Where appellant was correctly advised that giving evidence would likely lead to cross-examination on inconsistencies – Where appellant gave evidence on appeal that had he been physically and mentally well and absent the incorrect advice he would have given evidence at trial – Where no evidence to suggest trial would have been conducted differently absent the incorrect advice – Whether no miscarriage...

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Craig v The Queen

[2018] HCA 13

HIGH COURT OF AUSTRALIAKIEFEL CJ,BELL, GAGELER, KEANE, NETTLE, GORDON AND EDELMAN JJRONALD MICHAEL CRAIG  APPELLANTANDTHE QUEEN   RESPONDENTCraig v The Queen[2018] HCA 1321 March 2018B24/2017ORDERAppeal dismissed.On appeal from the Supreme Court of QueenslandRepresentationJ A Griffin QC with E P Mac Giolla Ri and K M Hillard for the appellant (instructed by Fisher Dore Lawyers) C W Heaton QC with J A Wooldridge for the respondent (instructed by Director of Public Prosecutions (Qld))Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDS Craig v The Queen Criminal law – Appeal against conviction – Murder and manslaughter – Intention to kill or cause grievous bodily harm – Incorrect advice – Where appellant's case was that he had not intended to kill or cause grievous bodily harm – Where appellant incorrectly advised that giving evidence would likely lead to cross-examination on prior convictions – Where chance of cross-examination on prior convictions possible but not likely due to s 15(2) of Evidence Act 1977 (Q) – Where appellant's account of incident to his solicitor inconsistent with prior statements to police – Where appellant was correctly advised that giving evidence would likely lead to cross-examination on inconsistencies – Where appellant gave evidence on appeal that had he been physically and mentally well and absent the incorrect advice he would have given evidence at trial – Where no evidence to suggest trial would have been conducted differently absent the incorrect advice – Whether no miscarriage...