Nicholas v The Queen

The appeal in the case of Nicholas v The Queen was heard by Nettlefold, Cosgrove and Underwood JJ of the Court of Criminal Appeal of Tasmania. The appellant, Geoffrey Matthew Nicholas, had been convicted of conspiracy and uttering in relation to a will which was alleged to be forged. Nicholas appealed against his convictions on several grounds, including the admission of inadmissible evidence and alleged misdirections by the trial judge. The Crown also sought leave to appeal against the sentence imposed on Nicholas. The Court allowed Nicholas' appeal, set aside his convictions and ordered a retrial. The Court found that the trial judge had erred in admitting inadmissible evidence and in not directing the jury to disregard it. The Court also found that the trial judge had failed to adequately direct the jury on the burden of proof in relation to circumstantial evidence, which resulted in a miscarriage of justice. The Court did not consider it necessary to address the other grounds of appeal or the Crown's application for leave to appeal against sentence.