Maher v State of Tasmania

The applicants, Maher and others, appealed to the Full Court of the Supreme Court of Tasmania against their convictions. The central dispute concerned the alleged improper admission of evidence during their trial, which they contended resulted in a miscarriage of justice.

The court was required to determine whether the admission of certain parts of a record of interview and the opinion evidence of a forensic pathologist, both admitted over the applicants' objection, constituted a miscarriage of justice. This involved assessing whether the evidence was improperly admitted and, if so, whether its admission had a material effect on the outcome of the trial.

The Full Court found that the admission of the record of interview was not improper, as it was relevant to the issues in the trial. Similarly, the court held that the opinion evidence of the forensic pathologist was properly admitted, as the expert was qualified to give such evidence and it was relevant to the prosecution's case. Consequently, the court concluded that no miscarriage of justice had occurred.