Giannarelli v The Queen [1983] HCA 41

Giannarelli v The Queen [1983] HCA 41

Evidence of statements made by the applicants before the Costigan Royal Commission was inadmissible in their prosecution for perjury under State law, by reason of s. 6DD of the Royal Commissions Act 1902 (Cth), and no other admissible evidence was available to prove the charges. Accordingly, the convictions must be quashed.

Jurisdiction
Australia
Procedural Posture
Criminal / Special Leave Application and Appeal From Conviction
Outcome
convictions quashed; verdicts of acquittal entered
Legal Topics
['perjury' 'royal Commissions' 'admissibility of Evidence' 'statutory Interpretation' 'federal State Relations']
['criminal Law' 'evidence Law' 'constitutional Law'] ['perjury' 'royal Commissions' 'admissibility of Evidence' 'statutory Interpretation' 'federal State Relations']

Case Brief

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Procedural Posture

Criminal / Special Leave Application and Appeal From Conviction

Legal Issues

  1. 1 ['Whether statements made before a Royal Commission conducted under both State and Commonwealth authority are admissible in evidence against a witness on a perjury charge under State law.' "Whether s. 6DD of the Royal Commissions Act 1902 (Cth) applied to make the evidence inadmissible in the applicants' prosecution." 'Whether failure to object to admission of evidence or to raise the issue at trial or on appeal precludes relief.']

Ratio Decidendi

Evidence of statements made by the applicants before the Costigan Royal Commission was inadmissible in their prosecution for perjury under State law, by reason of s. 6DD of the Royal Commissions Act 1902 (Cth), and no other admissible evidence was available to prove the charges. Accordingly, the convictions must be quashed.

Court Disposition

convictions quashed; verdicts of acquittal entered

Orders

  • ['Time to apply for special leave extended.' 'Special leave to appeal granted.' 'Appeal allowed.' 'Order of Victorian Court of Criminal Appeal set aside.' 'Application for leave to appeal granted.' 'Convictions and sentences quashed.' 'Verdicts of acquittal entered.']