Button v The Queen

The appellant in this case appealed against his conviction for the murder of a pedestrian, asserting that there was new evidence available that would likely lead to his acquittal if a new trial were to be held. The appeal was brought to the court by reference from the Attorney-General, following a petition by the appellant. The court was tasked with determining whether there was a significant possibility that a jury, acting reasonably, would acquit the appellant in light of the new evidence, which would result in a miscarriage of justice.

The central legal issues revolved around the admissibility of fresh and new evidence, specifically the confessions of a deceased third party to the commission of the offence, and the relevance of fresh expert evidence that was not available at the time of the trial. The court had to consider whether this new evidence could be admissible as an exception to the hearsay rule or otherwise, and if it could lead to the exclusion of the appellant’s involvement in the crime. Additionally, the court examined the significance of new evidence suggesting that the injuries sustained by the victim were inconsistent with the appellant's confession and the possibility that a different vehicle, driven by the deceased third party, was involved in the incident.

The court concluded that the new evidence presented a significant possibility that a jury would acquit the appellant, thus satisfying the test for a miscarriage of justice. The evidence included confessions by the deceased third party that were corroborated by the victims of similar incidents, as well as expert evidence that excluded the appellant's vehicle as the cause of the injuries and suggested another vehicle was involved. The court found that this new evidence was compelling and provided a strong basis for a new trial.

As a result of this determination, the court quashed the conviction and ordered a new trial. The court recognised that the new evidence, if believed, could lead to the appellant's acquittal and that a miscarriage of justice would occur if a new trial were not granted. The decision underscores the importance of ensuring justice in criminal cases where significant new evidence comes to light after the original trial.