Lang v The Queen

[2023] HCA 29
Judgment date
Case number
B57/2022
Before
Kiefel CJ, Gageler, Gordon, Edelman, Jagot JJ
Catchwords

Criminal Practice – Appeal – Unreasonable verdict – Independent assessment of evidence – Where appellant charged with and convicted of murder – Where appellant appealed conviction on ground that verdict unreasonable or could not be supported having regard to whole of evidence – Where deceased's injuries were either self inflicted or caused by appellant – Where only hypothesis consistent with appellant's innocence was deceased's injuries were self inflicted – Whether reasonable possibility upon whole of evidence that deceased died by suicide.

Evidence – Criminal trial – Admissibility – Expert opinion evidence – Where opinion evidence adduced from forensic pathologist that injuries occasioning death more likely inflicted by another person than self inflicted – Whether opinion based on expert knowledge – Whether wrong decision of question of law to admit evidence.

Words and phrases – "admissibility", "body of knowledge or experience", "expert evidence", "inadmissible", "independent assessment of the evidence", "miscarriage of justice", "opinion", "specialised knowledge", "training, study or experience", "unreasonable verdict", "wholly or substantially".

Criminal Code (Qld) – ss 590AA, 668E.

Files
29.docx (220.58 KB)
29.pdf (868.17 KB)