Smart v Tasmania

The appeal in *Smart v Tasmania* was heard by the Full Court of the Supreme Court of Tasmania, comprising Blow CJ, Wood and Pearce JJ. The case concerned an appeal against convictions for murder and another offence. The appellant argued that the verdicts were unreasonable or unsupportable having regard to the evidence, and that a miscarriage of justice had occurred.

The central legal issues before the Court were whether the jury's verdicts were unsafe and unsatisfactory, and whether the trial judge had failed to adequately direct the jury on the concept of reasonable doubt, particularly in the context of circumstantial evidence. The Court also considered whether the judge's directions regarding the conduct of the accused after the commission of the alleged crimes were appropriate, and whether the absence of an *Edwards* direction constituted a miscarriage of justice.

The Court reasoned that the evidence presented in support of the murder charge was inadequate and lacked sufficient probative force to sustain a guilty verdict, especially when considering the expert evidence. The jury could only have reached its guilty verdict by rejecting unchallenged expert testimony. Regarding the second count, the Court found that while the conduct of the accused after the crimes might suggest some consciousness of wrongdoing, this alone did not justify a conviction, and the absence of an *Edwards* direction, in the circumstances, did not amount to a miscarriage of justice.

Consequently, the Court allowed the appeal, quashed the convictions and sentence, ordered a new trial for the first count on the indictment, and substituted a verdict of acquittal on the second count.