James v The Queen

[2014] HCA 6
Judgment date
Case number
M102/2013
Before
French CJ, Hayne, Crennan, Kiefel, Bell, Gageler, Keane JJ
Catchwords

Criminal law – Appeal – Appeal against conviction – Intentionally causing serious injury – Whether failure to instruct jury as to lesser alternative verdicts occasioned substantial miscarriage of justice.

Criminal law – Role of trial judge – Whether duty to secure fair trial required instruction on any lesser alternative verdicts regardless of forensic choices of counsel. Crimes Act 1958 (Vic), ss 16, 17.

Criminal Procedure Act 2009 (Vic) – s 239.

Files
6.rtf (331.56 KB)
6.pdf (142.07 KB)