Criminal law – Evidence – Evidence Act 1995 (Cth) – Unreliable evidence – Co offenders – Corroboration – Directions to jury regarding corroboration of evidence given by co-offenders.
Evidence – Corroboration – Warning about acting on unreliable evidence – Directions to jury – Requirements of Evidence Act 1995 (Cth) – Misdirection to jury – Whether misdirection requires that appeal be allowed and new trial ordered in the absence of substantial miscarriage of justice.
Appeals – Federal Court of Australia – New trial – Misdirection –Grounds on which new trial may be ordered.
Words and phrases – "evidence" – "on any ground upon which it is appropriate to grant a new trial" – "substantial miscarriage of justice".
Evidence Act 1995 (Cth) – ss 164, 165.
Federal Court of Australia Act 1976 (Cth) – s 28(1)(f).
Judgment date
Case number
C11/2001
Before
Gaudron ACJ, McHugh, Kirby, Hayne, Callinan JJ
Catchwords