Alexander v the Queen
Case
•
[1981] HCA 17
•8 April 1981
Details
AGLC
Case
Decision Date
Alexander v the Queen [1981] HCA 17
[1981] HCA 17
8 April 1981
CaseChat Overview and Summary
The High Court of Australia heard an appeal from the Supreme Court of Queensland in *Alexander v The Queen*. The appellant, Alexander, had been convicted of murder and sentenced to death. The appeal concerned the admissibility of certain evidence and the fairness of the trial.
The central legal issues before the High Court were whether the trial judge had erred in admitting evidence obtained from the appellant under duress, and whether the trial judge had adequately directed the jury on the issue of self-defence. The Court also considered whether the cumulative effect of certain alleged errors had resulted in a miscarriage of justice.
The High Court, by majority, held that the evidence obtained from the appellant under duress was inadmissible. Gibbs C.J. and Stephen J. found that the trial judge had misdirected the jury on the law of self-defence, particularly concerning the onus of proof. Mason J. and Murphy J. agreed that there had been a miscarriage of justice due to the admission of the improperly obtained evidence and the inadequate directions on self-defence. Aickin J. dissented, finding no error in the trial judge's rulings.
Consequently, the High Court allowed the appeal, quashed the conviction, and ordered a new trial.
The central legal issues before the High Court were whether the trial judge had erred in admitting evidence obtained from the appellant under duress, and whether the trial judge had adequately directed the jury on the issue of self-defence. The Court also considered whether the cumulative effect of certain alleged errors had resulted in a miscarriage of justice.
The High Court, by majority, held that the evidence obtained from the appellant under duress was inadmissible. Gibbs C.J. and Stephen J. found that the trial judge had misdirected the jury on the law of self-defence, particularly concerning the onus of proof. Mason J. and Murphy J. agreed that there had been a miscarriage of justice due to the admission of the improperly obtained evidence and the inadequate directions on self-defence. Aickin J. dissented, finding no error in the trial judge's rulings.
Consequently, the High Court allowed the appeal, quashed the conviction, and ordered a new trial.
Details
Key Legal Topics
Areas of Law
-
Criminal Law
-
Evidence
Legal Concepts
-
Appeal
-
Charge
-
Expert Evidence
-
Procedural Fairness
Actions
Download as PDF
Download as Word Document
Citations
Alexander v the Queen [1981] HCA 17
Most Recent Citation
Moreno (a Pseudonym) v Grey (Ruling) [2017] VCC 942
Cases Citing This Decision
468
R v Dickman
[2017] HCA 24
R v Dickman
[2017] HCA 24
R v Dickman
[2017] HCA 24
Cases Cited
5
Statutory Material Cited
0
Kirkland v The Queen
[2021] SASCA 14
Nominal Defendant v Clements
[1960] HCA 39
Cited Sections