Strbak v The QueenCitation:[2020] HCA 10Before:Kiefel CJ, Bell, Keane, Nettle, Edelman JJDate:18 Mar 2020Case Number:B55/2019Read more

Strbak v The QueenCitation:[2020] HCA 10Before:Kiefel CJ, Bell, Keane, Nettle, Edelman JJDate:18 Mar 2020Case Number:B55/2019Read more

The court held that the sentencing judge erred in drawing adverse inferences from the appellant's silence and that R v Miller [2004] 1 Qd R 548 should not be followed to the extent that it permits such inferences to be more readily drawn.

Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
Australia
Judgment Date
18 March 2020
Procedural Posture
Criminal Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Manslaughter, Sentencing, Adverse Inference, Right to Silence, Standard of Proof
Criminal Law Manslaughter Sentencing Adverse Inference Right to Silence Standard of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentencing judge erred in drawing adverse inferences from the appellant's silence at the sentencing hearing
  2. 2 Whether R v Miller [2004] 1 Qd R 548 was correctly applied or wrongly decided
  3. 3 Whether the sentencing judge was permitted to more readily draw inferences adverse to the appellant

Ratio Decidendi

The court held that the sentencing judge erred in drawing adverse inferences from the appellant's silence and that R v Miller [2004] 1 Qd R 548 should not be followed to the extent that it permits such inferences to be more readily drawn.

Court Disposition

Appeal allowed

Orders

  • The sentence is set aside
  • The matter is remitted for re-sentencing before a different judge