Timms v The Queen

This matter came before the High Court of Australia concerning an application for special leave to appeal by Russell Ormonde Timms against the Queen. The applicant sought to appeal a decision of a lower court, with the core of his argument resting on the alleged failure of that court to properly consider fresh evidence. This fresh evidence, it was contended, was crucial as it supported the applicant's testimony on a vital issue and directly related to a defence under section 22 of the Criminal Code, which was not put to the jury at trial.

The primary legal issue before the High Court was whether special leave to appeal should be granted. This turned on whether there had been a miscarriage of justice due to an error by the court below in its handling of fresh evidence. Specifically, the applicant argued that this fresh evidence corroborated his testimony regarding directions he received concerning cattle, placing him in direct conflict with a Crown witness. The applicant contended that section 22 of the Criminal Code, which was relevant to this defence, was not considered by the trial judge or the court below, despite its significance.