Stoten v. The Queen
Hargraves v. The Queen

Lower Court Judgment

23/11/2010 Supreme Court of Queensland (Court of Appeal)

[2010] QCA 328

Catchwords

Constitutional law — Trial by jury — Section 668E(1A) of Criminal Code (Q) ("proviso") allows court to dismiss appeal where points raised by appellant might be decided in appellant's favour if court considers no substantial miscarriage of justice has occurred — Applicants found guilty by jury of conspiracy to defraud Commonwealth — Court of Appeal found errors in directions given to jury but applied proviso and dismissed appeal — Whether application of proviso inconsistent with s 80 of Commonwealth Constitution — Weiss v The Queen (2005) 224 CLR 300.

Criminal law — Appeal and new trial — Procedural fairness —Whether directions at trial constituted denial of procedural fairness — Whether Court of Appeal failed to take into account direction concerning applicants' interests in subject matter of evidence in applying proviso — Weiss v The Queen (2005) 224 CLR 300.

Words and phrases — "procedural fairness".

Short Particulars