Dyers v The Queen

[2002] HCA 45
Judgment date
Case number
S255/2001
Before
Gaudron, McHugh, Kirby, Hayne, Callinan JJ
Catchwords

Criminal law and procedure – Appeal against conviction – Indecent assault of minor – Whether trial judge erred in directions to jury – Failure of defendant to call witnesses – Delay in making complaint – Longman v The Queen (1989) 168 CLR 79 considered – Unreasonable verdict – Unsworn statement by defendant – Order for new trial.

Evidence – Inferences – Criminal trial – Whether inferences open from failure to call witnesses – Application of Jones v Dunkel (1959) 101 CLR 298 to criminal trials.

Files
45.rtf (89.33 KB)
45.pdf (175.49 KB)