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Baiada Poultry Pty Ltd v The Queen

[2012] HCA 14
Case number
M126/2011
Before
French CJ, Gummow, Hayne, Heydon, Crennan JJ
Catchwords

Criminal law – Appeal - Jury misdirection - Application of "proviso" - Appellant convicted of offence under Occupational Health and Safety Act 2004 (Vic) - Trial judge failed to direct jury that prosecution had to prove beyond reasonable doubt particular element of offence in issue - Whether appellate court able to conclude that no substantial miscarriage of justice occurred - Whether judicial "discretion" in applying proviso.

Words and phrases – "proviso", "substantial miscarriage of justice".

Crimes Act 1958 (Vic) – s 568(1).

Occupational Health and Safety Act 2004 (Vic) – s 21.

Files
14.rtf (55.11 KB)
14.pdf (99.46 KB)