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Lane v The Queen

[2018] HCA 28
Case number
S308/2017
Before
Kiefel CJ, Bell, Gageler, Keane, Edelman JJ
Catchwords

Criminal law – Appeal against conviction – Application of proviso – Where appellant convicted of manslaughter – Where either of two acts of appellant may have caused death of deceased – Where trial judge erred in failing to direct jury as to requirement that it be unanimous as to specific act causing death – Whether "no substantial miscarriage of justice has actually occurred" – Whether absence of unanimity direction precluded application of proviso.

Words and phrases – "fundamental defect", "nature and effect of the error", "presuppositions of the trial", "proviso", "reasonable doubt", "substantial miscarriage of justice", "unanimity direction", "unanimous".

Criminal Appeal Act 1912 (NSW) – s 6(1).

Files
28.rtf (213.82 KB)
28.pdf (160.09 KB)