Full Court Minute Books

Case B24/2019

De Silva v. The Queen

Case No.


Case Information

Lower Court Judgment

16/10/2018 Supreme Court of Queensland (Court of Appeal)
(Fraser, Gotterson and Morrison JJA)

[2018] QCA 274


Criminal law – Misdirection or non-direction – Where appellant was acquitted of one count of rape and convicted of another count of rape – Where appellant neither gave nor called evidence at trial – Where appellant’s account of events was contained in a recording of his police interview that was tendered by prosecution – Where, in summing up, trial judge addressed evidence of appellant’s interview with police – Whether trial judge’s failure to tell jury that, even if they did not positively believe appellant’s account, they could not find against him if his answers gave rise to reasonable doubt, amounted to a miscarriage of justice – Whether Court of Appeal erred in finding that a Liberato direction is not required if defendant does not give evidence.

Short particulars


12/04/2019 Hearing (SLA, Brisbane)

26/04/2019 Notice of appeal

31/05/2019 Written submissions (Appellant)

31/05/2019 Chronology (Appellant)

28/06/2019 Written submissions (Respondent)

19/07/2019 Reply (Appellant)

04/09/2019 Hearing (Full Court, Canberra) (Audio-visual recording)

04/09/2019 Outline of oral argument (Appellant)

04/09/2019 Outline of oral argument (Respondent)

13/12/2019 Judgment (Judgment summary)