Matusevich v The Queen [1977] HCA 30

Matusevich v The Queen [1977] HCA 30

The Crown's cross-examination of the applicant as to prior convictions without prior leave of the trial judge violated s.399(e) of the Crimes Act 1958 (Vic) and was highly prejudicial; such evidence was inadmissible, and its introduction could not be cured by judicial direction. This constituted a miscarriage of...

Source-derived case information.

Jurisdiction
Australia
Procedural Posture
Criminal Appeal / Application for Special Leave to Appeal and Appeal From Conviction
Outcome
Appeal allowed; conviction and sentence quashed; new trial ordered.
Legal Topics
['cross Examination of Accused as to Prior Convictions' 'evidence of Propensity and Bad Character' 'acting in Concert With an Insane Person' 'admissibility of Motive Evidence' 'application of Crimes Act 1958 (vic) S.399(e)']
['criminal Law'] ['cross Examination of Accused as to Prior Convictions' 'evidence of Propensity and Bad Character' 'acting in Concert With an Insane Person' 'admissibility of Motive Evidence' 'application of Crimes Act 1958 (vic) S.399(e)']

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Procedural Posture

Criminal Appeal / Application for Special Leave to Appeal and Appeal From Conviction

Legal Issues

  1. 1 ['Whether the Crown was entitled to cross-examine the accused as to prior convictions without prior leave of the trial judge under s.399(e) of the Crimes Act 1958 (Vic)' 'Whether acting in concert for murder can exist between a sane and an insane person' "Whether evidence relating to the deceased's prior informing was admissible as motive evidence or to prove a confession"]

Ratio Decidendi

The Crown's cross-examination of the applicant as to prior convictions without prior leave of the trial judge violated s.399(e) of the Crimes Act 1958 (Vic) and was highly prejudicial; such evidence was inadmissible, and its introduction could not be cured by judicial direction. This constituted a miscarriage of justice requiring the conviction to be quashed and a new trial ordered.

Court Disposition

Appeal allowed; conviction and sentence quashed; new trial ordered.

Orders

  • ['Special leave to appeal granted.' 'Appeal allowed.' 'Order that verdict of guilty of and conviction for murder and sentence thereon by the Supreme Court of Victoria be quashed.' 'Order that the matter be remitted to the Supreme Court of Victoria for retrial.']