References: [2005] 223 ALR 662, [2005] 158 A Crim R 133, [2005] 80 ALJR 444, [2005] 224 CLR 300, [2005] HCA 81
Coram: Gleeson CJ, Gummow, Kirby, Hayne, Callinan & Heydon JJ
Ratio (High Court of Australia) The Hight 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.
This case is cited by:
- Cited – Noye, Kenneth, Regina -v- CACD ((2011) 119 BMLR 151, Bailii, [2011] EWCA Crim 650)
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 Heath’s evidence did not impinge on the essential . .
(This list may be incomplete)
Last Update: 17-Apr-16
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