The King v. ZT

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.