Yunupingu v The Queen

The case of *Yunupingu v The Queen* was heard in the Supreme Court of the Northern Territory, before Angel, Mildren, and Riley JJ. The dispute arose from a criminal trial where the accused, Gavin Makuma Yunupingu, was charged with murder. Following the jury's verdicts of guilty for causing death by a dangerous act, a question of law was reserved for the appellate court concerning the admissibility of certain evidence.

The legal issue before the court was whether the Chief Justice erred in law by admitting into evidence the "Comments" section of a post-mortem report prepared by Dr. Zillman. This section contained Dr. Zillman's opinions regarding the cause of death and its relationship to observed trauma. The Crown sought to tender this report through Professor Green, as Dr. Zillman was unavailable to give evidence. The defence objected to the admissibility of the opinion evidence within the report.

The court considered the admissibility of the report under the *Evidence (Business Records) Interim Arrangements Act*. The Chief Justice had ruled that the report, including expressions of opinion, was admissible under section 5 of the Act, finding no restrictions in section 7 that would preclude its admission in criminal proceedings. The appellate court noted that the question reserved was not simply about the admissibility of the report, but whether the Chief Justice had erred in admitting it. The court's reasoning focused on the interpretation of the Evidence (Business Records) Interim Arrangements Act and whether it permitted the admission of expert opinion contained within a business record in a criminal trial.