De Silva v The Queen [2019] HCA 48

De Silva v The Queen [2019] HCA 48

The majority held that, on the whole of the summing-up, the jury were properly directed on the onus and standard of proof, the trial did not involve starkly opposed sworn evidence requiring a Liberato direction, and the directions did not mislead the jury into reversing the onus or disregarding the appellant's...

Source-derived case information.

Parties
Appellant: Neranjan Agrajith Kalubuth De Silva; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
13 December 2019
Procedural Posture
Criminal Appeal / Decision on Appeal to the High Court
Outcome
Appeal dismissed
Legal Topics
Jury Directions, Standard of Proof, Liberato Direction, Recorded Interview, Miscarriage of Justice
Criminal Law Jury Directions Standard of Proof Liberato Direction Recorded Interview Miscarriage of Justice

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Parties

Neranjan Agrajith Kalubuth De Silva

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Decision on Appeal to the High Court

Legal Issues

  1. 1 Whether a Liberato direction is required where the accused does not give sworn evidence and exculpatory statements in a record of interview are admitted into evidence
  2. 2 Whether the directions given to the jury were inadequate, resulting in a miscarriage of justice

Ratio Decidendi

The majority held that, on the whole of the summing-up, the jury were properly directed on the onus and standard of proof, the trial did not involve starkly opposed sworn evidence requiring a Liberato direction, and the directions did not mislead the jury into reversing the onus or disregarding the appellant's interview answers unless accepted as true; accordingly, there was no miscarriage of justice.

Court Disposition

Appeal dismissed

Orders

  • Leave is granted to amend the Notice of Appeal.
  • Special leave to appeal is granted in relation to ground 2 in the Amended Notice of Appeal.