Chidiac v The Queen
[1991] HCA 4
Citation 1
…15. It is clearly established by authority that, in determining whether the verdict of a jury is unreasonable, or cannot be supported having regard to the evidence - whether it is unsafe or unsatisfactory - the test is whether it was open to the jury upon the whole of the evidence to be satisfied be…
Gallagher v The Queen
[1986] HCA 26
Citation 2
…15. In Ratten reference was made to the then recent decision of the House of Lords in Stafford v. Director of Public Prosecutions (1974) AC 878. That was a case which, as Barwick C.J. recognized at p 515, could not be applied directly in Australia because in 1966 the relevant provisions of the Crimi…
Whitehorn v the Queen
[1983] HCA 42
Citation 3
…45. It is unnecessary to explore how far the Australian view extends beyond the English view of the equivalent provision in the Criminal Appeal Act 1907 (U.K.) if, indeed, it does so at all. Any difference may be explicable upon the basis that, unlike Australian courts of criminal appeal, the Englis…
Ratten v The Queen
[1974] HCA 35
Citation 4
…11. The application for special leave to appeal does raise, in my opinion, a matter of general public interest, namely, what is the correct course to be adopted by a court of criminal appeal in considering an appeal against conviction based upon the production of evidence not given at the trial. Thi…
Chamberlain v The Queen
[1983] FCA 74
Citation 5
…4. On the hearing of the appeal Mr. Barker Q.C., who appeared with Mr. Pauling of counsel for the respondent Crown, submitted that 5 of the 23 grounds of appeal specified in the appellants' notice of appeal were unavailable to an appellant to this Court from judgment of conviction in a trial on indi…
Hoar, Donald Edgar v The Queen
[1983] FCA 57
Citation 6
…603). This decision may not have disclosed as great a discretion in a court of criminal appeal in Australia, as the decision of the House of Lords in Stafford v Director of Public Prosecutions (1974) AC 878 has done for the United Kingdom. But the Court's decision is founded on the existence of the function of independent assessment of the evidenc…