Filippou v The Queen

Criminal law – Appeal – Appeal against conviction – Trial by judge alone – Application of Criminal Appeal Act 1912 (NSW), s 6(1) in appeal from trial by judge alone – Application of "proviso".

Criminal law – Appeal – Appeal against sentence – Aggravating and mitigating circumstances – Onus and standard of proof – Where not proved beyond reasonable doubt that appellant brought murder weapon to scene and not proved on balance of probabilities that deceased brought murder weapon to scene – Whether sentencing judge bound to take view of facts most favourable to offender.

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

Crimes Act 1900 (NSW) – s 23.

Criminal Appeal Act 1912 (NSW) – ss 5, 6(1).

Criminal Procedure Act 1986 (NSW) – s 133.

Crimes (Sentencing Procedure) Act 1999 (NSW) – s 21A.