Velevski v The Queen

The High Court of Australia heard an appeal from the decision of the Court of Criminal Appeal concerning the appellant, Velevski, who was convicted of murder. The case arose from the deaths of the appellant's wife and three children, whose bodies were discovered in a locked bedroom with their throats cut. The central dispute revolved around whether the deaths were a result of murder by the appellant or a murder-suicide scenario where the appellant's wife killed the children and then herself.

The legal issues before the High Court included whether certain wounds to the deceased were capable of being the subject of expert opinion, particularly when experts gave evidence on matters of common human behaviour. The court also considered whether conflicting expert opinions, which the jury found difficult to resolve due to the sophistication of the evidence, were admissible. Furthermore, the court examined the duties of the prosecution regarding the calling of expert witnesses who might have provided evidence favourable to the accused, and whether a jury could rely on an alleged lie as evidence of a consciousness of guilt only if satisfied of the lie beyond reasonable doubt.

The High Court reasoned that expert evidence on matters of common human behaviour, even if not strictly scientific or medical, could be admissible if it assisted the jury. The court found that the conflicting expert opinions did not render the verdicts unreasonable, as the jury was entitled to weigh the evidence and form its own conclusions. The court also held that the prosecution was not obliged to call every expert witness whose evidence might have been favourable to the accused. Regarding the alleged lie, the court affirmed that a jury could consider it as evidence of guilt if satisfied of its falsity beyond reasonable doubt.

The appeal was dismissed.