Gipp v The Queen

[1998] HCA 21
Judgment date
Case number
B4/1998
Before
Gaudron, McHugh, Kirby, Hayne, Callinan JJ
Catchwords

Criminal Law – Sexual offences – General evidence of history of sexual abuse – Whether evidence admissible as similar fact or propensity evidence – Whether admission of evidence amounted to a miscarriage of justice – Whether directions or failure to direct by trial judge as to use of that evidence amounted to a miscarriage of justice.

Criminal Law and Procedure – Nolle prosequi – Purported entry of nolle prosequi in respect of some but not all counts in indictment – Whether this procedural irregularity amounted to a miscarriage of justice – Whether leaving the evidence with respect to these charges before the jury amounted to a miscarriage of justice.

Appeal – Points and objections not taken below – Role of court of criminal appeal.

Words and phrases – "unsafe and unsatisfactory" – "miscarriage of justice".

Criminal Code Act 1899 (Q), ss 563, 668E.