In R v Dumenil [2024] QCA 118, Mark Anthony Dumenil appealed against his conviction for attempting to possess a commercial quantity of unlawfully imported border-controlled drugs. The Queensland Court of Appeal allowed the appeal, set aside the conviction on count 2, and ordered a new trial.
The primary ground for the appeal was a miscarriage of justice, stemming from the trial judge’s failure to direct the jury that statements made by Dumenil’s co-accused, K, in a police interview were inadmissible against Dumenil. While K's statements implicated Dumenil, the jury was not directed to disregard this evidence in determining Dumenil’s guilt. The respondent conceded that this omission constituted a miscarriage of justice, but argued that it was not to the extent requiring the appellate court to overturn the conviction.
The appellate court found that the failure to provide the necessary jury direction constituted a fundamental error that compromised the fairness of the trial, leading to the decision to set aside the conviction and order a retrial.