Thompson v The Queen; The Queen v Thompson
Case
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[2016] ACTCA 12
•6 May 2016
Details
AGLC
Case
Decision Date
Thompson v The Queen; The Queen v Thompson [2016] ACTCA 12
[2016] ACTCA 12
6 May 2016
CaseChat Overview and Summary
Thompson and The Queen, and conversely The Queen and Thompson, were parties before the Court of Appeal of the Supreme Court of the Australian Capital Territory. The dispute concerned appeals against jury verdicts of guilty for offences including unlawful confinement and aggravated burglary.
The Court of Appeal was required to determine whether the jury verdicts were unsafe and unsatisfactory. Specifically, the Court considered whether the trial judge was obliged to provide a warning under section 38E of the *Evidence (Miscellaneous Provisions) Act 1991* (ACT), and whether leave should be granted to argue a ground of appeal where no objection was taken at trial. The Court also considered whether the appeal should be dismissed pursuant to section 37O(3) of the *Supreme Court Act 1933* (ACT).
The Court of Appeal upheld the appeal against conviction, finding the verdicts to be unsafe and unsatisfactory. Consequently, the convictions were set aside and a new trial was ordered. The Crown's appeal against sentence was dismissed.
The Court of Appeal was required to determine whether the jury verdicts were unsafe and unsatisfactory. Specifically, the Court considered whether the trial judge was obliged to provide a warning under section 38E of the *Evidence (Miscellaneous Provisions) Act 1991* (ACT), and whether leave should be granted to argue a ground of appeal where no objection was taken at trial. The Court also considered whether the appeal should be dismissed pursuant to section 37O(3) of the *Supreme Court Act 1933* (ACT).
The Court of Appeal upheld the appeal against conviction, finding the verdicts to be unsafe and unsatisfactory. Consequently, the convictions were set aside and a new trial was ordered. The Crown's appeal against sentence was dismissed.
Details
Key Legal Topics
Areas of Law
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Criminal Law
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Evidence
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Statutory Interpretation
Legal Concepts
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Appeal
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Charge
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Sentencing
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Statutory Construction
Actions
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Most Recent Citation
R v Thompson (No 3) [2017] ACTSC 53
Cases Cited
11
Statutory Material Cited
13
Weiss v The Queen
[2005] HCA 81
Weiss v The Queen
[2005] HCA 81
R v DM
[2006] QCA 79