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.
Details

Areas of Law

  • Criminal Law

  • Evidence

Legal Concepts

  • Appeal

  • Charge

  • Expert Evidence

  • Procedural Fairness

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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
Cited Sections