(High Court of Australia) The High Court may dismiss the appeal if it considers that no substantial miscarriage of justice actually occurred. What is involved in assessing that question in the context of a trial by jury.
Judges:
Gleeson CJ, Gummow, Kirby, Hayne, Callinan & Heydon JJ
Citations:
[2005] 223 ALR 662, [2005] 158 A Crim R 133, [2005] 80 ALJR 444, [2005] 224 CLR 300, [2005] HCA 81
Cited by:
Cited – Noye, Kenneth, Regina v CACD 22-Mar-2011
The prisoner appealed against his conviction for murder on reference from the CCRC. There were new doubts about the reliabiity of the expert forensic expert.
Held: The appeal was dismissed. Dr H’s evidence did not impinge on the essential . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Commonwealth
Updated: 02 May 2022; Ref: scu.430821