In R v Wegener [2024] QCA 100, Harley David Wegener's conviction for the murder of Benjamin Alexander Suttie was appealed. The primary grounds included prosecutorial misconduct during cross-examination and misdirection relating to character evidence under s 15 of the Evidence Act 1977 (Qld). Wegener was convicted on 14 November 2022 and sentenced to life imprisonment. During the appeal, it was argued that the prosecutor improperly introduced evidence of Wegener’s association with a known drug dealer without meeting legal requirements for such evidence, thus undermining his defence credibility. The Court of Appeal found that the trial judge erred by allowing this evidence and that it constituted a miscarriage of justice. Consequently, the prior verdict was set aside, and a retrial was ordered.
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