The DLS Portal will be offline for maintenance and upgrades from 6.00pm (AEST) Friday, 12 September 2025 to 8.00am (AEST) Monday, 15 September 2025.
Judgment date
Case number
M50/2005
Before
Gleeson CJ, Gummow, Kirby, Hayne, Callinan, Heydon JJ
Catchwords
Criminal Law – Appeal - Application of "proviso" that no substantial miscarriage of justice has actually occurred - Appellant convicted of murder - Evidence led at trial that should not have been adduced - Appellant appealed against conviction - Appeal court to review the whole case - Utility of reference to what a jury, the actual trial jury or a hypothetical reasonable jury, would have done.
Words and phrases – "proviso", "substantial miscarriage of justice", "substantial miscarriage of justice has actually occurred".
Crimes Act 1958 (Vic) – s 568(1).