Dansie v. The Queen
Case No.
A4/2022
Case Information
Lower Court Judgment
02/11/2020 Supreme Court of South Australia (Nicholson, Parker and Livesey JJ)
Catchwords
Criminal law – Murder – Unreasonable verdict – Verdict unsupported by evidence – Where appellant's wife drowned after her wheelchair entered pond – Where prosecution alleged intentional drowning – Where, on defence case, drowning accidental – Where s 158(1)(a) of Criminal Procedure Act 1921 (SA) provided for appeal to be allowed where Court considers verdict should be set aside on ground that conviction unreasonable or cannot be supporting having regard to evidence – Whether Court of Criminal Appeal failed to conduct independent assessment of whole of evidence – Whether open to trial judge to exclude hypothesis of accidental drowning – Proper approach by intermediate appellate court to "unreasonable verdict" limb of common form appeal provision following judge-alone trial.
Documents*
18/02/2022 Hearing (SLA, Canberra)
04/03/2022 Notice of appeal
08/04/2022 Written submissions (Appellant)
08/04/2022 Chronology (Appellant)
06/05/2022 Written submissions (Respondent)
24/05/2022 Reply
15/06/2022 Hearing (Full Court, Canberra)
15/06/2022 Outline of oral argument (Appellant)
14/06/2022 Outline of oral argument (Respondent)
10/08/2022 Judgment (Judgment summary)