Ross v R [1922] HCA 4

Ross v R [1922] HCA 4

The majority held that the special leave to appeal should not be granted; the trial judge's directions were correct, and failure to direct the jury on manslaughter did not amount to a substantial miscarriage of justice in the circumstances. Isaacs J. (dissenting) held that the failure to leave manslaughter to the jury was a substantial miscarriage of justice requiring a new trial.

Parties
Applicant: Colin Campbell Ross; Respondent: The King
Jurisdiction
Australia
Judgment Date
05 April 1922
Procedural Posture
Criminal Appeal / Application for Special Leave to Appeal From Supreme Court of Victoria to High Court of Australia
Outcome
special leave to appeal refused
Legal Topics
Murder, Manslaughter, Misdirection, Confessions, Appeals, Miscarriage of Justice
Criminal Law Criminal Procedure Murder Manslaughter Misdirection Confessions Appeals Miscarriage of Justice

Case Brief

Summary, issues, holding and outcome

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Parties

Colin Campbell Ross

Applicant

The King

Respondent

Procedural Posture

Criminal Appeal / Application for Special Leave to Appeal From Supreme Court of Victoria to High Court of Australia

Legal Issues

  1. 1 Whether failure to direct the jury on the possibility of manslaughter amounted to a misdirection
  2. 2 Whether the trial judge was required to warn the jury regarding the weight to be given to confessions
  3. 3 Whether the verdict was unreasonable or could not be supported by the evidence

Ratio Decidendi

The majority held that the special leave to appeal should not be granted; the trial judge's directions were correct, and failure to direct the jury on manslaughter did not amount to a substantial miscarriage of justice in the circumstances. Isaacs J. (dissenting) held that the failure to leave manslaughter to the jury was a substantial miscarriage of justice requiring a new trial.

Court Disposition

special leave to appeal refused

Orders

  • Special leave to appeal from the decision of the Supreme Court of Victoria refused.