Williams v The Queen [2000] FCA 1868

Williams v The Queen [2000] FCA 1868

Failure to discharge the jury after evidence of possible taint from exposure to information about the appellant's prior convictions was a miscarriage of justice; admission of hearsay evidence from a deceased Crown witness did not comply with statutory requirements and was prejudicial; lack of proper directions concerning accomplice evidence further prejudiced fair trial; extension of time granted due to special reasons including delay in legal aid, good prospects of success, and limited prejudice to Crown.

Parties
Appellant: Guy Bevan Williams; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
20 December 2000
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence; Application for Extension of Time
Outcome
appeal allowed; convictions and sentences quashed; matter remitted for retrial
Legal Topics
Application to File and Serve Notice of Appeal Out of Time, Extension of Time, Miscarriage of Justice, Jury Discharge, Admissibility of Hearsay, Accomplice Evidence, Legal Professional Privilege
Criminal Law Evidence Practice and Procedure Application to File and Serve Notice of Appeal Out of Time Extension of Time Miscarriage of Justice Jury Discharge Admissibility of Hearsay +2 more

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 6 Authorities cited 35 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Guy Bevan Williams

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence; Application for Extension of Time

Legal Issues

  1. 1 Whether special reasons exist to grant an extension of time for filing and serving notice of appeal
  2. 2 Whether failure to discharge jury constituted a miscarriage of justice
  3. 3 Whether refusal to grant access or an adjournment regarding privileged documents was an error

Ratio Decidendi

Failure to discharge the jury after evidence of possible taint from exposure to information about the appellant's prior convictions was a miscarriage of justice; admission of hearsay evidence from a deceased Crown witness did not comply with statutory requirements and was prejudicial; lack of proper directions concerning accomplice evidence further prejudiced fair trial; extension of time granted due to special reasons including delay in legal aid, good prospects of success, and limited prejudice to Crown.

Court Disposition

appeal allowed; convictions and sentences quashed; matter remitted for retrial

Orders

  • The appeal be allowed.
  • The convictions and sentences recorded against the appellant on 4 March 1999 are quashed.