Moseley v. Director of Public Prosecutions

Lower Court Judgment

1/03/2013 Supreme Court of the Northern Territory (Court of Appeal) (Riley CJ, Kelly J, Barr J)

[2013] NTSC 8

Catchwords

Supreme Court – Jurisdiction – Appellant convicted of aggravated robbery in company of a second person – After sentencing, third person signed statutory declaration confessing that he was the person who accompanied the second person, not the appellant – Court of Criminal Appeal subsequently quashed appellant’s conviction and ordered a retrial – Third person then recanted confession and alleged that the appellant induced him to make a false confession – Supreme Court ruled it had equitable jurisdiction to set aside decision of the Court of Criminal Appeal where fraud established – Whether the Supreme Court has jurisdiction – Whether, notwithstanding, the Supreme Court should decline to exercise jurisdiction.