McMurdo P, Davies and Thomas JJAJudgment of the Court
Catchwords
CRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE - WITNESSES - POWERS OF
JUDGE - POWER TO EXAMINE WITNESSCRIMINAL LAW - APPEAL AND NEW TRIAL AND
INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE -
PARTICULAR CIRCUMSTANCES
Source
Original judgment source is linked above.
Catchwords
CRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE - WITNESSES - POWERS OFJUDGE - POWER TO EXAMINE WITNESSCRIMINAL LAW - APPEAL AND NEW TRIAL ANDINQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - MISCARRIAGE OF JUSTICE -PARTICULAR CIRCUMSTANCESINVOLVING MISCARRIAGE - OTHER IRREGULARITIES - conductof trial judge - intervention by judge during examination-in-chief andcross-examinationof the accused - where persistent and apparently hostilecross-examination of accused by judge - where questioning by judge appearstoimply doubt about the accused’s evidence - where questioning impeded theorderly elicitation of accused’s evidencein chief - where questioningimpeded accused answering questions by prosecutor in cross-examination - whereimbalance created byjudicial intervention not redressed in summingupCRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION -APPEAL AND NEW TRIAL - OBJECTIONS AND POINTS NOT RAISED IN COURTBELOW -
MISDIRECTION AND NON-DIRECTION - PARTICULAR CASES - whether direction conveyed
impression to jury that an acquittal could
contribute to the lowering of
community standards - Maloney distinguishedB v The Queen
[1992] HCA 68
(1992) 175 CLR 599, 605 consideredBourke v The Queen (1988) 62 ALJR