Stack v The Queen

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.