Mallard v The Queen

Criminal law – Appellant convicted of murder - Appellant petitioned for mercy - Attorney-General referred petition to Court of Criminal Appeal - Whether non- disclosure of exculpatory evidence by prosecution denied appellant a fair trial or fair chance of acquittal - Scope of jurisdiction of Court of Criminal Appeal on Attorney-General's reference under s 140(1)(a) Sentencing Act 1995 (WA) - Duty to consider the "whole case" - Whether Court of Criminal Appeal erred in refusing to consider evidence adduced at trial - Whether jury verdict unreasonable or unsupportable - Whether jury verdict could not be supported having regard to the evidence - Whether a substantial miscarriage of justice occurred - Whether a retrial should be ordered.

Appeal – New trial - Petition for mercy - Reference of whole case to Court of Criminal Appeal - Scope of proceedings in Full Court.

Words and phrases – "fresh evidence", "new evidence", "whole case", "as if it were an appeal".

Criminal Code (WA) – ss 21, 689(1).

Sentencing Act 1995 (WA) – s 140(1)(a).