Green v The Queen [1971] HCA 55

Green v The Queen [1971] HCA 55

The appeal had to be allowed because the trial judge's explanation of proof beyond reasonable doubt confused and misdirected the jury by requiring an impermissible analysis of their doubts and by equating the required criminal standard with a 'comfortable' satisfaction. In addition, the summing up, read as a whole, was unfair, lacked judicial balance and partook of partiality, producing a miscarriage of justice.

Jurisdiction
Australia
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence From the Supreme Court of the Australian Capital Territory
Outcome
Appeal allowed; conviction quashed; sentence set aside; new trial ordered.
Legal Topics
['proof Beyond Reasonable Doubt' 'onus of Proof' 'jury Directions' 'judicial Summing Up' 'miscarriage of Justice' 'rape' 'assault With Intent to Commit Rape']
['criminal Law' 'criminal Procedure'] ['proof Beyond Reasonable Doubt' 'onus of Proof' 'jury Directions' 'judicial Summing Up' 'miscarriage of Justice' 'rape' 'assault With Intent to Commit Rape']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence From the Supreme Court of the Australian Capital Territory

Legal Issues

  1. 1 ['Whether the trial judge improperly instructed the jury as to the onus of proof and proof beyond reasonable doubt.' "Whether the trial judge's summing up was unbalanced, unfair and slanted against the accused so as to cause a miscarriage of justice."]

Ratio Decidendi

The appeal had to be allowed because the trial judge's explanation of proof beyond reasonable doubt confused and misdirected the jury by requiring an impermissible analysis of their doubts and by equating the required criminal standard with a 'comfortable' satisfaction. In addition, the summing up, read as a whole, was unfair, lacked judicial balance and partook of partiality, producing a miscarriage of justice.

Court Disposition

Appeal allowed; conviction quashed; sentence set aside; new trial ordered.

Orders

  • ['Appeal allowed.' 'Conviction quashed and sentence set aside.' 'Order that there be a new trial at such time and place as the Attorney-General shall appoint.']