Petty v The Queen [1991] HCA 34

Petty v The Queen [1991] HCA 34

The trial judge erred by directing the jury that Maiden's failure to raise his defence before trial could be considered in assessing the weight of his exculpatory account, as this undermined the right to silence and the prosecution's burden of proof; such a direction amounted to a misdirection, and the error was substantial enough to warrant setting aside the convictions and ordering new trials.

Jurisdiction
Australia
Procedural Posture
Criminal Appeal / Applications for Special Leave to Appeal to the High Court of Australia
Outcome
appeals allowed; new trials ordered
Legal Topics
['right to Silence' 'adverse Inference' 'committal Proceedings' 'direction to Jury' 'weight of Exculpatory Evidence']
['criminal Law'] ['right to Silence' 'adverse Inference' 'committal Proceedings' 'direction to Jury' 'weight of Exculpatory Evidence']

Case Brief

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Procedural Posture

Criminal Appeal / Applications for Special Leave to Appeal to the High Court of Australia

Legal Issues

  1. 1 ['Whether it is permissible to draw an adverse inference from the failure of an accused to raise a defence at an earlier stage' 'Whether evidence of failure to put a defence at committal proceedings is admissible' 'The correct directions to a jury regarding weight to be given to exculpatory accounts first raised at trial']

Ratio Decidendi

The trial judge erred by directing the jury that Maiden's failure to raise his defence before trial could be considered in assessing the weight of his exculpatory account, as this undermined the right to silence and the prosecution's burden of proof; such a direction amounted to a misdirection, and the error was substantial enough to warrant setting aside the convictions and ordering new trials.

Court Disposition

appeals allowed; new trials ordered

Orders

  • ['Special leave to appeal granted in each case.' 'Appeals allowed.' 'Orders of the Court of Criminal Appeal of New South Wales set aside.' 'In lieu thereof, orders that the appeals to that Court be allowed, convictions set aside, and new trials ordered.']