R v Thomas

The case of R v Thomas involved the appellant, Thomas, appealing against his conviction for criminal offences. The matter was heard in the Court of Criminal Appeal of a state in Australia. The appeal centred around the introduction of fresh evidence that had not been available at the original trial. Specifically, it questioned whether there was a significant possibility that the jury would have acquitted Thomas if they had been aware of this evidence.

The primary legal issue before the court was whether the fresh evidence constituted a significant possibility that the jury would have acquitted Thomas had it been presented during the original trial. The fresh evidence suggested that the appellant had been "verballed" by the police, which undermined a key part of the Crown's case that relied on alleged admissions made to the police. The court had to consider whether the alleged verballing led to a miscarriage of justice, potentially warranting a new trial.

The Court of Criminal Appeal examined the nature and significance of the fresh evidence. It found that the evidence of verballing, if true, significantly undermined the Crown's case as it relied partly on the alleged admissions to police. The court determined that had the jury been aware of this evidence, there was a substantial likelihood they would have acquitted Thomas. Consequently, the appeal was allowed, and a new trial was ordered.