Coates v The Queen [1957] HCA 11

Coates v The Queen [1957] HCA 11

The grounds advanced, particularly concerning the sufficiency of proof to admit the deposition, do not raise any real question of law for which special leave should be granted; the admission of the deposition, even if erroneous, did not result in a substantial miscarriage of justice given the abundance of other evidence supporting the verdict.

Jurisdiction
Australia
Procedural Posture
Application for Special Leave to Appeal / Decision on Application for Special Leave to Appeal
Outcome
application for special leave to appeal refused
Legal Topics
['admissibility of Depositions' 'proof of Absence of Witness' 'special Leave to Appeal' 'automatism Defence' 'miscarriage of Justice']
['criminal Law' 'evidence'] ['admissibility of Depositions' 'proof of Absence of Witness' 'special Leave to Appeal' 'automatism Defence' 'miscarriage of Justice']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Special Leave to Appeal / Decision on Application for Special Leave to Appeal

Legal Issues

  1. 1 ['Whether sufficient foundation was laid for the admission of a deposition under s. 107 of the Evidence Act 1906-1948 W.A. due to proof of absence of a witness from the State' 'Whether the erroneous admission of the deposition amounted to a substantial miscarriage of justice' 'Whether the case warranted the grant of special leave to appeal']

Ratio Decidendi

The grounds advanced, particularly concerning the sufficiency of proof to admit the deposition, do not raise any real question of law for which special leave should be granted; the admission of the deposition, even if erroneous, did not result in a substantial miscarriage of justice given the abundance of other evidence supporting the verdict.

Court Disposition

application for special leave to appeal refused

Orders

  • ['application dismissed']