Scam alert – fraudulent email address ‘subpoena@hcourt.gov.au’

The Court is aware of a scam involving the use of a fraudulent email address purporting to be an official High Court email address – ‘subpoena@hcourt.gov.au’ 

This email address is not associated with, authorised by, or operated by the Court. 

Recipients of emails from this account should exercise caution and should not click on links, open attachments or provide personal or financial information. 

Van Beelen v. The Queen

Case No. A8/2017
Case information

Lower Court Judgment

13/07/2016 Supreme Court of South Australia (Court of Criminal Appeal) (Kourakis CJ, Vanstone J & Kelly J)

[2016] SASCFC 71

Catchwords

Criminal law – Criminal Law Consolidation Act 1935 (SA) s 353A – Second or subsequent appeal where Court satisfied fresh and compelling evidence that should in interests of justice be considered – Where appellant seeks to appeal against conviction of murder on basis that new evidence shows expert evidence as to time of victim’s death flawed – Whether “fresh” and “compelling” evidence – Whether majority erred in holding further attack on expert evidence precluded because expert evidence contested at trial – Whether evidence could have been adduced at original trial –Whether majority erred in finding principle of finality relevant to s 353A appeal – Whether evidence is “substantial” – Whether in the “interests of justice” to allow appeal.

Short particulars

Documents

10/02/2017 Hearing (SLA, Canberra v/link Adelaide)

24/02/2017 Notice of appeal

17/03/2017 Written submissions (Appellant)

17/03/2017 Chronology (Appellant)

07/04/2017 Written submissions (Respondent)

19/04/2017 Reply

21/06/2017 Hearing (Full Court, Adelaide)

22/06/2017 Hearing (Full Court, Adelaide)

08/11/2017 Judgment (Judgment summary)