SKA v The Queen

[2011] HCA 13
Judgment date
Case number
S100/2010
Before
French CJ, Gummow, Heydon, Crennan, Kiefel JJ
Catchwords

Criminal law – Appeal - Appeal on ground jury verdict unreasonable, or cannot be supported, having regard to the evidence - Application of test in M v The Queen (1994) 181 CLR 487 - Whether Court of Criminal Appeal made independent assessment of evidence.

Criminal law – Appeal - Video evidence - Where Court of Criminal Appeal relied on transcript of evidence - Whether sufficient to rely on transcript of evidence.

Criminal law – Appeal - Trial judge's opinion - Where trial judge considered a jury acting reasonably could not have been satisfied beyond reasonable doubt of accused's guilt - Whether regard should be had to trial judge's opinion.

Words and phrases – "unreasonable, or cannot be supported", "unsafe or unsatisfactory".

Criminal Appeal Act 1912 (NSW) – s 6(1).

Files
13.rtf (74.93 KB)
13.pdf (137.47 KB)