Lilliecrap v The King

The High Court of Australia considered an appeal by Lilliecrap against a conviction for illegally using a motor vehicle, a charge brought by The King. The central issue on appeal concerned the validity of a special verdict returned by the jury.

The Court was required to determine whether the special verdict, which stated that the appellant was "illegally using" the motor vehicle, was sufficient to support a conviction under sections 130 and 131 of the Crimes Act (N.S.W.). Specifically, the Court had to assess if the jury's wording, while not precisely mirroring the statutory language, substantially described the elements of the offence.

The Court found that the jury's verdict, although not using the exact phrase "illegally using a motor vehicle," clearly and substantially described the offence as defined by the relevant sections of the Crimes Act. The judges were of the view that the verdict was "obviously right" and that no miscarriage of justice had occurred.

Special leave to appeal was therefore refused.