Bromley v The KingCitation:[2023] HCA 42Before:Gageler CJ, Edelman, Steward, Gleeson, Jagot JJDate:13 Dec 2023Case Number:A40/2021Read more

Bromley v The KingCitation:[2023] HCA 42Before:Gageler CJ, Edelman, Steward, Gleeson, Jagot JJDate:13 Dec 2023Case Number:A40/2021Read more

The Court found that the fresh psychiatric and psychological evidence was not sufficiently compelling or highly probative to undermine the reliability of the key witness' evidence at trial, and that it was not in the interests of justice to allow the appeal or grant special leave.

Parties
Applicant: Applicant; Respondent: Respondent
Jurisdiction
Australia
Judgment Date
13 December 2023
Procedural Posture
Criminal Appeal / Judgment on Second or Subsequent Appeal; Special Leave to Appeal
Outcome
Appeal dismissed; special leave to appeal refused
Legal Topics
Appeal Against Conviction, Fresh and Compelling Evidence, Witness Reliability, Psychiatric and Psychological Evidence, Special Leave to Appeal
Criminal Law Appellate Procedure Appeal Against Conviction Fresh and Compelling Evidence Witness Reliability Psychiatric and Psychological Evidence Special Leave to Appeal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Criminal Appeal / Judgment on Second or Subsequent Appeal; Special Leave to Appeal

Legal Issues

  1. 1 Whether fresh psychiatric and psychological evidence is compelling and highly probative of the reliability of a key witness' evidence at trial
  2. 2 Whether it is in the interests of justice to consider the fresh evidence on appeal
  3. 3 Whether a substantial miscarriage of justice occurred

Ratio Decidendi

The Court found that the fresh psychiatric and psychological evidence was not sufficiently compelling or highly probative to undermine the reliability of the key witness' evidence at trial, and that it was not in the interests of justice to allow the appeal or grant special leave.

Court Disposition

Appeal dismissed; special leave to appeal refused

Orders

  • The application for permission to appeal is dismissed.
  • Special leave to appeal is refused.