McKell v The QueenCitation:[2019] HCA 5Before:Bell, Gageler, Keane, Gordon, Edelman JJDate:13 Feb 2019Case Number:S223/2018Read more

The trial judge's comments were found to lack balance and fairness, creating a substantial risk that the jury might be persuaded of the appellant's guilt, resulting in a miscarriage of justice.

Parties: Appellant: Appellant; Respondent: Prosecution
Jurisdiction: Australia
Judgment Date: 13 February 2019
Procedural Posture: Criminal Appeal / Judgment
Outcome: appeal allowed
Legal Topics: Trial Summing Up, Judicial Comments, Miscarriage of Justice, Fair Trial

Criminal Law Trial Summing Up Judicial Comments Miscarriage of Justice Fair Trial

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Prosecution

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

1 Whether trial judge's comments on evidence created a danger or substantial risk of persuading jury of appellant's guilt
2 Whether comments were so lacking in balance as to constitute an exercise in persuading jury of appellant's guilt
3 Whether comments were unfair to appellant

Ratio Decidendi

The trial judge's comments were found to lack balance and fairness, creating a substantial risk that the jury might be persuaded of the appellant's guilt, resulting in a miscarriage of justice.

Court Disposition

appeal allowed

Orders

conviction quashed
new trial ordered