Michaelides v The Queen [2013] HCA 9

Michaelides v The Queen [2013] HCA 9

The Court of Appeal did not err in its formulation of the legal test, and it remains authoritative to consider whether it was open to the jury to be satisfied beyond reasonable doubt of guilt. No error justified granting special leave to appeal.

Parties
Applicant: NICHOLAAS PAUL MICHAELIDES; Respondent: THE QUEEN
Jurisdiction
Australia
Judgment Date
15 February 2013
Procedural Posture
Criminal / Application for Special Leave to Appeal
Outcome
special leave to appeal refused
Legal Topics
Appeal, Unreasonable Verdict, Judicial Formulation of Test, Section 668 E Criminal Code (q)
Criminal Law Appeal Unreasonable Verdict Judicial Formulation of Test Section 668 E Criminal Code (q)

Case Brief

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Parties

NICHOLAAS PAUL MICHAELIDES

Applicant

THE QUEEN

Respondent

Procedural Posture

Criminal / Application for Special Leave to Appeal

Legal Issues

  1. 1 Whether the Court of Appeal adopted an erroneous formulation of the test for s 668E Criminal Code (Q)
  2. 2 Whether it was open to the jury to be satisfied beyond reasonable doubt of the accused's guilt

Ratio Decidendi

The Court of Appeal did not err in its formulation of the legal test, and it remains authoritative to consider whether it was open to the jury to be satisfied beyond reasonable doubt of guilt. No error justified granting special leave to appeal.

Court Disposition

special leave to appeal refused

Orders

  • Special leave to appeal refused.