Full Court Minute Books

Case S38/2024

The King v. ZT

Case No.

S38/2024

Case Information

Lower Court Judgment

29/09/2023 Supreme Court of New South Wales (Court of Criminal Appeal) (Kirk JA, Fagan J, Sweeney J)

[2023] NSWCCA 241

Catchwords

Criminal law – Appeal against conviction – Unreasonable verdict – Joint criminal enterprise – Where respondent found guilty at trial of party to murder – Where case against him founded upon series of admissions made as to involvement in killing – Where respondent's accounts numerous and inconsistent – Where respondent successfully appealed conviction to Court of Criminal Appeal on ground jury's verdict unreasonable – Where Court of Criminal Appeal majority found admissions not sufficiently reliable to establish guilt beyond reasonable doubt – Whether Court of Criminal Appeal majority erred in concluding jury enjoyed no relevant or significant advantage over appellate court – Whether Court of Criminal Appeal majority erred in its application of test in M v The Queen (1994) 181 CLR 487.

Documents

07/03/2024 Determination

21/03/2024 Notice of appeal

02/05/2024 Written submissions (Appellant)

02/05/2024 Chronology (Appellant)

30/05/2024 Written submissions (Respondent)

20/06/2024 Reply

15/11/2024 Hearing (Full Court, Canberra) (AV Recording will not be published)

15/11/2024 Outline of oral argument (Appellant)

15/11/2024 Outline of oral argument (Respondent)

21/11/2024 Redacted Written submissions (Appellant)

21/11/2024 Redacted Chronology (Appellant)

21/11/2024 Redacted Reply

22/11/2024 Redacted Written submissions (Respondent)

22/11/2024 Redacted Outline of oral argument (Respondent)