Gassy v The Queen

Criminal law – Practice and procedure - Directions to the jury - Deliberations continued, without success, for more than ten hours - The trial judge suggested that, if invited by the jury, she could suggest ways for the jury to "move forward" - Jury requested assistance - Further direction suggesting how the jury could approach its deliberations -The jury returned its guilty verdict about half an hour after the further direction - Balance of further direction - Whether the further direction constituted a miscarriage of justice.

Criminal law – Appeals - Application of the proviso - Whether no substantial miscarriage of justice actually occurred - Whether on the record of the trial an appellate court could conclude, beyond reasonable doubt, that the applicant was guilty - Relevance to the proviso of a separate consideration as to whether the trial was unfair - Relevance to the proviso of a consideration as to whether there has been such a departure from the essential requirements of the law that it goes to the root of the proceedings.

Criminal law – Practice and procedure - Legal representation of an accused - At the applicant's trial for murder, counsel sought to appear for the applicant in relation only to a voir dire hearing concerning the admissibility of certain evidence - Statement by the trial judge that counsel could not appear on the voir dire if counsel did not then represent the applicant for the entire trial - Counsel withdrew and applicant conducted voir dire himself - Error of law - Whether error constituted a miscarriage of justice.

Criminal Law Consolidation Act 1935 (SA) – ss 288, 353.

Criminal Law (Legal Representation) Act 2001 (SA) – s 11.