The Queen v DookheeaCitation:[2017] HCA 36Before:Kiefel CJ, Bell, Gageler, Keane, Nettle, Edelman JJDate:13 Sep 2017Case Number:M159/2016Read more

A direction to the jury that the Crown must prove guilt beyond reasonable doubt, not beyond any doubt, is not an error of law and does not result in a miscarriage of justice.

Parties: Prosecution: Crown; Defendant: Accused
Jurisdiction: Australia
Judgment Date: 13 September 2017
Procedural Posture: Criminal Appeal / Judgment
Outcome: Appeal dismissed
Legal Topics: Jury Directions, Standard of Proof, Reasonable Doubt

Criminal Law Jury Directions Standard of Proof Reasonable Doubt

Case Brief

Summary, issues, holding and outcome

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Parties

Crown

Prosecution

Accused

Defendant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

1 Whether the jury direction that the Crown was required to prove the accused's guilt not beyond any doubt but beyond reasonable doubt was an error of law
2 Whether such direction was productive of a substantial miscarriage of justice

Ratio Decidendi

A direction to the jury that the Crown must prove guilt beyond reasonable doubt, not beyond any doubt, is not an error of law and does not result in a miscarriage of justice.

Court Disposition

Appeal dismissed

Orders

The appeal is dismissed.