Hope v R [1909] HCA 6

Hope v R [1909] HCA 6

Applying the principle in In re Dillet (12 App. Cas. 459), this was not a case for granting special leave to appeal, as the circumstances did not raise questions of exceptional importance or demonstrate substantial injustice.

Parties
Appellant: Florence Hope; Respondent: The King
Jurisdiction
Australia
Judgment Date
15 March 1909
Procedural Posture
Criminal Appeal / Application for Special Leave to Appeal
Outcome
special leave to appeal refused
Legal Topics
Dying Declarations, Admissibility of Evidence, Special Leave to Appeal
Criminal Law Evidence Dying Declarations Admissibility of Evidence Special Leave to Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Florence Hope

Appellant

The King

Respondent

Procedural Posture

Criminal Appeal / Application for Special Leave to Appeal

Legal Issues

  1. 1 Whether special leave to appeal should be granted in a criminal case involving admissibility of dying declarations
  2. 2 Whether oral evidence of statements made by the deceased is inadmissible where written dying declarations were made

Ratio Decidendi

Applying the principle in In re Dillet (12 App. Cas. 459), this was not a case for granting special leave to appeal, as the circumstances did not raise questions of exceptional importance or demonstrate substantial injustice.

Court Disposition

special leave to appeal refused

Orders

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