Farrell v The Queen

[1998] HCA 50
Judgment date
Case number
H4/1997
Before
Gaudron, McHugh, Kirby, Hayne, Callinan JJ
Catchwords

Criminal law – Expert evidence – Whether expert evidence admissible which discloses existence of mental disability likely to bear on reliability of complainant's evidence – Whether possibility of impairment of memory by alcohol and substance abuse within experience of ordinary persons – Whether knowledge of effect of anti-social personality disorder within experience of ordinary persons.

Criminal law – Jury direction on weight to be given to expert evidence about credibility and reliability of complainant witness – Whether misdirection deprived appellant of fairly open chance of acquittal.

Criminal Code Act 1924 (Tas), s 402(2).