R vs. SMITH [2003] QCA 76; 138 A Crim R 172

Running Head: CASE STUDY
R vs. SMITH
Name of the Student
Name of the University
Author’s Note

CASE STUDY2
R vs. SMITH [2003] QCA 76; 138 A Crim R 172
LEGAL ISSUE:
The issue in the case is whether the appeal against the appeal and sentencing is accepted
by the Court on the ground of unreasonable or insupportable verdict.
The issue in the case is whether the evidence complied with the provisions of the Police
Powers & Responsibilities Act 2000 (Qld).
LEGAL MATERIAL FACTS:
the appellant was held guilty in a jury trial for assault causing bodily harm. He
immediately attacked one of the complainants in the courtroom and assaulted him. The
courtroom incident led to him pleading guilty of common assault by ex officio indictment. His
sentence was decided and he served imprisonment. He appeals against the convictions based on
jury verdicts.
Law:
Section 597 (1) of the Criminal Code states that if a person is accused of two criminal
liabilities, the trial could be held jointly if such accusation is of the similar nature.
Division 5 Part 3 of the Police Powers and Responsibilities Act 2000, section 246 deals
with the provision that the part shall be applicable when a person is accompanied by the police
officer for the purpose of being interrogated within the police custody as a suspect about his or
her being a part of the commission of an indictable offence. However, this part shall not be