Green v The King

The applicant, George Green, sought special leave to appeal to the High Court of Australia from a decision of the Court of Criminal Appeal of Victoria. Green had been convicted of murder in the Supreme Court of Victoria. The Court of Criminal Appeal, by a majority, had refused his appeal against conviction, which was based, in part, on the discovery of fresh evidence.

The legal issues before the High Court concerned whether special leave to appeal should be granted, particularly in light of the alleged fresh evidence relating to bicycle pumps found near the crime scene and the prisoner's residence. The court was also required to consider whether the admission of certain photographs of the victims and the exclusion of specific evidence constituted a miscarriage of justice, thereby warranting a new trial.

The High Court, by a majority, refused special leave to appeal. The majority judges held that the alleged fresh evidence was available to the defence at trial and that, even if believed, it would not have been decisive or of sufficient weight to alter the outcome, given the strength of the other evidence implicating the accused. They emphasised that new trials are not readily granted on the ground of fresh evidence, especially when that evidence was available or could have been discovered with reasonable diligence. The court also found no reason to hold that the admitted photographs or excluded evidence were inadmissible or that the summing-up was misleading, concluding that no miscarriage of justice had occurred.