Full Court Minute Books

Case B55/2019

Strbak v. The Queen

Case No.


Case Information

Lower Court Judgment

12/03/2019 Supreme Court of Queensland (Court of Appeal) (Fraser and McMurdo JJA, and Crow J)

[2019] QCA 42


Criminal law – Sentencing – Right to silence – Where appellant pleaded guilty to manslaughter of four year old son but contested factual basis of conviction – Where sentencing judge applied R v Miller [2004] 1 Qd R 548 which held that sentencing judge may more readily accept or draw inferences from prosecution evidence which is uncontradicted – Where contended before Queensland Court of Appeal that Miller is wrong and should be revisited because it impermissibly infringes on right to silence – Whether refusing to reconsider Miller was constructive failure by Queensland Court of Appeal to exercise its jurisdiction.

Short particulars


11/09/2019 Determination (SLA, Canberra)

24/09/2019 Notice of appeal

25/10/2019 Written submissions (Appellant)

25/10/2019 Chronology (Appellant)

15/11/2019 Written submissions (Respondent)

22/11/2019 Reply

06/12/2019 Hearing (Full Court, Canberra) (Audio-visual recording)

06/12/2019 Outline of oral argument (Appellant)

06/12/2019 Outline of oral argument (Respondent)

11/12/2019 Amended Notice of appeal

18/03/2020 Judgment (Judgment summary)