Bromley v. The King
Case No.
A40/2021
Case Information
Lower Court Judgment
29/05/2018 Supreme Court of South Australia (Peek, Stanley and Nicholson JJ)
Catchwords
Criminal law – Second or subsequent appeal – Further evidence – Where applicant and co-accused convicted of murder – Where, at trial, prosecution led evidence from eyewitness who suffered from schizoaffective disorder – Where applicant and co-accused appealed against convictions, including on ground that eyewitness's evidence unsafe, but appeals dismissed and subsequent petitions for mercy refused – Where applicant sought to appeal pursuant to s 353A of Criminal Law Consolidation Act 1935 (SA) – Where s 353A empowers Full Court to hear second or subsequent appeal against conviction by person convicted on information if Court satisfied there "fresh and compelling evidence" that should, in "interests of justice", be considered on appeal – Where applicant adduced expert evidence concerning reliability of eyewitness in light of mental illness – Where Court of Appeal refused application, holding new evidence not "fresh" or "compelling", and not in "interests of justice" to consider new evidence – Whether new evidence "compelling" – Whether in "interests of justice" to consider applicant's evidence.
Documents*
24/11/2021 Application for special leave to appeal
16/09/2022 Hearing (SLA, Canberra by video connection)
11/11/2022 Written submissions (Applicant)
11/11/2022 Chronology (Applicant)
09/12/2022 Written submissions (Respondent)
23/12/2022 Reply
12/05/2023 Amended written submissions (Applicant)
17/05/2023 Hearing (Full Court, Canberra)
17/05/2023 Outline of oral argument (Applicant)
16/05/2023 Outline of oral argument (Respondent)
18/05/2023 Hearing (Full Court, Canberra)
13/12/2023 Judgment (Judgment summary)