Ames v The King

The appellant, Ames, was convicted of murder. Ames sought to appeal this conviction, and the appeal was heard by the Full Court of the Supreme Court of South Australia, comprising Livesey P, Bleby and David JJ.

The central legal issues before the Full Court were whether the conviction for murder was unsafe or unsatisfactory, and whether the admission of fresh evidence on appeal would necessitate a new trial. The Court was required to consider whether any miscarriage of justice had occurred, particularly in light of the fresh evidence.

The Court considered the fresh evidence tendered by the appellant, but concluded that it did not demonstrate that the verdict of the jury was unsafe or unsatisfactory. Applying the principles governing appeals against criminal convictions, the Court found that even with the fresh evidence, there was no substantial miscarriage of justice. The Court therefore held that the conviction should stand.

Permission to appeal was granted, but the appeal itself was dismissed.