Jackson v The Queen [1962] HCA 49

Jackson v The Queen [1962] HCA 49

After the applicant's dock statement repeated in substance the matters on which Dr Listwan had based his psychiatric opinion, the doctor's evidence about the applicant's mental state when he confessed was relevant to the jury's assessment of the weight of the confessions and should have been admitted. Its exclusion deprived the jury of relevant material on a critical issue and caused the trial to miscarry.

Jurisdiction
Australia
Procedural Posture
Criminal Appeal by Special Leave / High Court Application for Special Leave and Appeal From Order of the Court of Criminal Appeal Dismissing Appeal Against Conviction
Outcome
Special leave to appeal granted; appeal allowed; order of the Court of Criminal Appeal discharged; conviction and sentence set aside; new trial ordered.
Legal Topics
['rape' 'confessional Statements' 'voir Dire' 'psychiatric Evidence' 'weight of Evidence' 'miscarriage of Justice' 'new Trial']
['criminal Law' 'evidence' 'criminal Procedure'] ['rape' 'confessional Statements' 'voir Dire' 'psychiatric Evidence' 'weight of Evidence' 'miscarriage of Justice' 'new Trial']

Case Brief

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Procedural Posture

Criminal Appeal by Special Leave / High Court Application for Special Leave and Appeal From Order of the Court of Criminal Appeal Dismissing Appeal Against Conviction

Legal Issues

  1. 1 ["Whether psychiatric evidence concerning the applicant's mental state at the time of making confessional statements was admissible before the jury as bearing on the weight to be given to the confessions." 'Whether the exclusion of that evidence caused the trial to miscarry.']

Ratio Decidendi

After the applicant's dock statement repeated in substance the matters on which Dr Listwan had based his psychiatric opinion, the doctor's evidence about the applicant's mental state when he confessed was relevant to the jury's assessment of the weight of the confessions and should have been admitted. Its exclusion deprived the jury of relevant material on a critical issue and caused the trial to miscarry.

Court Disposition

Special leave to appeal granted; appeal allowed; order of the Court of Criminal Appeal discharged; conviction and sentence set aside; new trial ordered.

Orders

  • ['Special leave to appeal granted.' 'Appeal allowed.' 'Order of Court of Criminal Appeal discharged.' 'In lieu order that appeal to Court of Criminal Appeal be allowed and a new trial had at such time and place as the Attorney-General may direct.' 'Conviction and sentence set aside.']