You need to remember (having had it explained to you previously)
that the power of arrest is available on mere reasonable suspicion.
That doesn't take much, but it does take "something".
While I defer to my Queensland colleagues for detailed commentary
on Criminal Procedure in Queensland, a QP9 is one part of the prosecution brief,
and typically contains
that can be part of a prosecution brief.
In the normal course of events, each item of evidence would be tested in the trial proper.
Sometimes, admissibility (as distinct from reliability, or "probative weight")
of individual items of evidence will be tested separately (you sometimes here about "pre-trial legal argument",
that can be what they mean).
It is also important to remember that you were convicted beyond reasonable doubt.
This is a very high threshold for the prosecution to meet.
It requires evidence upon which great reliability can be placed.
Any exculpatory evidence (that is, evidence sufficient to raise reasonable doubt,
even if not to show the factual innocence of the accused) should have emerged at trial,
(even if concealed or ignored by police during the investigation).
Any new or compelling evidence that was not available at trial, but which has emerged since,
could, in theory, ground an application for the conviction to be quashed.
That's if you have any.
that the power of arrest is available on mere reasonable suspicion.
That doesn't take much, but it does take "something".
While I defer to my Queensland colleagues for detailed commentary
on Criminal Procedure in Queensland, a QP9 is one part of the prosecution brief,
and typically contains
- your criminal history;
- a summary of the offence and;
- the laws under which you have been charged*
that can be part of a prosecution brief.
In the normal course of events, each item of evidence would be tested in the trial proper.
Sometimes, admissibility (as distinct from reliability, or "probative weight")
of individual items of evidence will be tested separately (you sometimes here about "pre-trial legal argument",
that can be what they mean).
It is also important to remember that you were convicted beyond reasonable doubt.
This is a very high threshold for the prosecution to meet.
It requires evidence upon which great reliability can be placed.
Any exculpatory evidence (that is, evidence sufficient to raise reasonable doubt,
even if not to show the factual innocence of the accused) should have emerged at trial,
(even if concealed or ignored by police during the investigation).
Any new or compelling evidence that was not available at trial, but which has emerged since,
could, in theory, ground an application for the conviction to be quashed.
That's if you have any.