In the case R v Speakman [2024] QCA 164, Robert Glenn Speakman appealed against his conviction for grievous bodily harm, which had been handed down by the District Court at Cairns. The Court of Appeal found that the trial judge erred by not directing the jury to consider the self-defence provision under section 271(1) of the Criminal Code, which could have provided a legitimate defence for Speakman based on the nature of the altercation with the complainant. The appellate court held that this omission constituted a miscarriage of justice, as there was a reasonable possibility that the jury might have reached a different verdict had they been properly instructed. On 17 July 2024, the Court allowed Speakman’s appeal, set aside the conviction, and ordered a new trial.
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