Qld man wins retrial over road-rage death
THE man convicted of murdering German backpacker Dominik Schulze during a road-rage argument in inner-city Brisbane will be re-tried after today winning an appeal.
Lockyer Valley man Jamie Douglas Saxon on Monday had his murder conviction quashed by the Queensland Court of Appeal after the court heard the jury in his trial had been provided with a document that wrongly set out the law relating to self-defence.
The court heard the error in jury directions could lead to the man being wrongly convicted.
"The jury's function is to decide the facts, not spend time considering a document that is on its face incorrect," Justice Peter Davis said today.
He was told the jury had been correctly advised of the defence by the judge in her summing up, despite the document containing the inaccuracy.
Saxon was last year sentenced to life behind bars for murder but later appealed the verdict.
Without hearing oral submissions from defence barrister Michael Copley QC, the court made the decision to quash Saxon's conviction.
The court heard Saxon would now be able to apply for bail while he awaits his re-trial.
Schulze died after the road rage incident in Brisbane in October 2017.
He had been drunk, standing on Milton Rd with his pants down in the early hours of the morning.
After being clipped by Saxon's car, and getting into an altercation with the man,Schulze was stabbed four times with a fishing knife, the court heard.
Mr Schulze died eight hours after the attack.
The Court of Appeal will this afternoon deliver their reasons for allowing the appeal, quashing the conviction and ordering a re-trial.
Originally published as Qld man wins retrial over road-rage death