Full Court Minute Books

Case B24/2017

Craig v. The Queen

Case No.


Case Information

Lower Court Judgment

21/06/2016 Supreme Court of Queensland (Court of Appeal) (Fraser JA, Gotterson JA, Morrison JA)

[2016] QCA 166


Criminal law – Murder – Criminal Code 1899 (Qld) s 668E – Miscarriage of justice – Where appellant advised by trial counsel that if he gave evidence at trial, he would likely be cross-examined on prior convictions, including manslaughter conviction – Where appellant did not give evidence – Where proposed evidence would have been relevant to defence of provocation and would have raised self-defence – Where Court of Appeal held it was not likely that appellant would have been cross-examined on criminal history – Whether Court of Appeal erred in finding erroneous advice did not result in miscarriage of justice – Whether “alternative rational basis” for not giving evidence test appropriate where counsel gave erroneous advice – Whether denial of opportunity to make informed decision as to whether to give evidence amounts to “such a serious breach of the presuppositions of the trial” that the proviso cannot apply.

Short particulars


07/04/2017 Hearing (SLA, Brisbane)

20/04/2017 Notice of appeal

12/05/2017 Written submissions (Appellant)

12/05/2017 Chronology (Appellant)

02/06/2017 Written submissions (Respondent)

14/12/2017 Hearing (Full Court, Canberra) (Audio-visual recording)

21/03/2018 Judgment (Judgment summary)