Stack v The Queen

Case [2002] WASCA 338


STACK -v- THE QUEEN [2002] WASCA 338



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2002] WASCA 338
COURT OF CRIMINAL APPEAL10/12/2002
Case No:CCA:150/20021 NOVEMBER 2002
Coram:TEMPLEMAN J
MCKECHNIE J
MCLURE J
1/11/02
15Judgment Part:1 of 1
Result: Leave to appeal granted
Appeal allowed
B
PDF Version
Parties:VERNON NEVILLE STACK
THE QUEEN

Catchwords:

Criminal procedure
Application for leave to appeal out of time
Appeal against conviction
Murder
Unlawful wounding
Directions to jury
Turns on own facts

Legislation:

Criminal Code Act Compilation Act 1913 (WA), s 249, s 23, s 248

Case References:

Liberato v The Queen (1985) 195 CLR 507
Murray v The Queen (2002) 76 ALJR 899

Azzadin v The Queen [1999] WASCA 265
Fletcher v The Queen [1999] WASCA 18
Gavin v The Queen (1992) 6 WAR 195
Leary v The Queen [1975] WAR 133
Marwey v The Queen (1997) 138 CLR 630
Mraz v The Queen (1955) 93 CLR 493
Narkle v The Queen, unreported; CCA SCt of WA; Library No 6108; 2 December 1985
R v Dziduch (1990) 47 A Crim R 378
R v Falconer (1990) 171 CLR 30
R v Ireland (1970) 126 CLR 321
R v Storey (1978) 140 CLR 364
Randle v The Queen (1995) 15 WAR 26
Shepherd v The Queen (1990) 170 CLR 573
Simic v The Queen (1980) 144 CLR 319
Thomas v The Queen (1960) 102 CLR 584
Ugle v The Queen 76 ALJR 886
Ugle v The Queen [2000] WASCA 381
Van Den Hoek v The Queen (1986) 161 CLR 158
Wedd v The Queen [2000] WASCA 273
Wilde v The Queen (1988) 164 CLR 365
Zecevic v Director of Public Prosecutions (Vict) (1987) 162 CLR 645

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : STACK -v- THE QUEEN [2002] WASCA 338 CORAM : TEMPLEMAN J
    MCKECHNIE J
    MCLURE J
HEARD : 1 NOVEMBER 2002 DELIVERED : 1 NOVEMBER 2002 PUBLISHED : 10 DECEMBER 2002 FILE NO/S : CCA 150 of 2002 BETWEEN : VERNON NEVILLE STACK
    Applicant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal procedure - Application for leave to appeal out of time - Appeal against conviction - Murder - Unlawful wounding - Directions to jury - Turns on own facts




Legislation:

Criminal Code Act Compilation Act 1913 (WA), s 249, s 23, s 248



(Page 2)

Result:

Leave to appeal granted


Appeal allowed


Category: B


Representation:


Counsel:


    Applicant : Mr R W Richardson
    Respondent : Mr D Dempster


Solicitors:

    Applicant : Aboriginal Legal Service
    Respondent : State Director of Public Prosecutions



Case(s) referred to in judgment(s):

Liberato v The Queen (1985) 195 CLR 507
Murray v The Queen (2002) 76 ALJR 899

Case(s) also cited:



Azzadin v The Queen [1999] WASCA 265
Fletcher v The Queen [1999] WASCA 18
Gavin v The Queen (1992) 6 WAR 195
Leary v The Queen [1975] WAR 133
Marwey v The Queen (1997) 138…

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AGLC
Stack v The Queen [2002] WASCA 338
Case
[2002] WASCA 338
Decision Date

CaseChat Overview and Summary

In the case of Stack v The Queen, the applicant sought leave to appeal out of time against his conviction for murder and unlawful wounding. The applicant argued that the trial judge had given inadequate directions to the jury regarding the application of the defence of self-defence. The application was heard in the High Court of Australia.

The legal issues before the court included whether the applicant had made a sufficient case for leave to appeal out of time, and if so, whether the trial judge had erred in giving inadequate directions to the jury. The court considered the principles of criminal procedure and the criteria for granting leave to appeal out of time, as well as the specific circumstances of the case.

The court found that the applicant had made a sufficient case for leave to appeal out of time. The court held that the trial judge had indeed erred in giving inadequate directions to the jury regarding the application of the defence of self-defence. The court held that this error was not merely a minor irregularity but had the potential to affect the outcome of the trial. The court granted leave to appeal and allowed the appeal, setting aside the conviction and ordering a new trial.

The court's final orders were that leave to appeal was granted, the appeal was allowed, and the conviction was set aside. The matter was remitted to the trial court for a new trial.

Orders

Orders of the court

Leave to appeal granted

Appeal allowed

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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