McGee v R [1907] HCA 16

The facts do not demonstrate substantial or grave injustice resulting from the admission of the deposition; therefore, special leave to appeal was refused.

Parties: Appellant: McGee; Respondent: The King
Jurisdiction: Australia
Judgment Date: 22 May 1907
Procedural Posture: Application for Special Leave to Appeal (criminal) / High Court of Australia – Application for Special Leave to Appeal From the Supreme Court of Western Australia
Outcome: Application for special leave to appeal refused.
Legal Topics: Admissibility of Evidence, Special Leave to Appeal, Depositions of Deceased Persons, Natural Justice, Principles for Granting Special Leave in Criminal Matters

Criminal Law Admissibility of Evidence Special Leave to Appeal Depositions of Deceased Persons Natural Justice Principles for Granting Special Leave in Criminal Matters

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 1 Authorities cited 10 Party arguments 1

Parties

McGee

Appellant

The King

Respondent

Procedural Posture

Application for Special Leave to Appeal (criminal) / High Court of Australia – Application for Special Leave to Appeal From the Supreme Court of Western Australia

Legal Issues

1 Whether special leave to appeal should be granted in a criminal matter where a deposition was admitted and its admissibility is challenged
2 Whether substantial and grave injustice has occurred by the admission of the evidence

Ratio Decidendi

The facts do not demonstrate substantial or grave injustice resulting from the admission of the deposition; therefore, special leave to appeal was refused.

Court Disposition

Application for special leave to appeal refused.

Orders

Special leave to appeal refused.