Case A8/2017

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)

21/04/2017 Reply

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

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