Basto v The Queen [1954] HCA 78
The judge’s directions as to intent, the admissibility and evidentiary value of confessional statements, and the sufficiency of the indictment were legally correct and appropriately placed before the jury. No error has been shown warranting the grant of special leave to appeal.
- Jurisdiction
- Australia
- Procedural Posture
- Application for Special Leave to Appeal (criminal) / Decision on Application for Special Leave
- Outcome
- Special leave to appeal refused
- Legal Topics
- ['administering Poison With Intent to Murder' 'admissibility of Confessional Evidence' 'judicial Directions to Jury' 'intent in Criminal Law' 'evidence—confession' 'sufficiency of Indictment']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Special Leave to Appeal (criminal) / Decision on Application for Special Leave
Legal Issues
- 1 ['Whether sufficient directions were given to the jury regarding intent and the evidentiary value of confessional statements' 'Whether the indictment was defective for not specifying the poison' 'Whether confessional statements to police should have been excluded' 'Whether the judge failed to address the evidentiary significance of the nature of the drug administered']
Ratio Decidendi
The judge’s directions as to intent, the admissibility and evidentiary value of confessional statements, and the sufficiency of the indictment were legally correct and appropriately placed before the jury. No error has been shown warranting the grant of special leave to appeal.
Court Disposition
Special leave to appeal refused
Orders
- ['Application for special leave refused']
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