Huynh v. The Queen

Lower Court Judgment

31/08/2011 Supreme Court of South Australia (Court of Criminal Appeal) (Doyle CJ, Vanstone J, Peek J)

[2011] SASFC 100

Catchwords

Criminal law – Appeal – Jury misdirection – Applicant and co-accused convicted of murder after trial before jury – Trial judge provided written directions on request from jury – Trial judge’s directions omitted element of joint enterprise liability and failed to apply substituted legal directions to the evidence against the applicant – Whether appellate court able to conclude no substantial miscarriage of justice.

Short Particulars