Hudd, P. v The Queen [1987] FCA 442

Hudd, P. v The Queen [1987] FCA 442

The exclusion at trial of admissible evidence from Mark O'Shea, regarding both a prior inconsistent statement of the prosecution witness and attempts to procure false evidence (indicative of bias), amounted to a miscarriage of justice that could have affected the verdict. Accordingly, the appeal should be allowed and a retrial ordered.

Parties
Appellant: Patrick Hudd; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
18 August 1987
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Outcome
Appeal allowed; conviction and sentence set aside; new trial ordered.
Legal Topics
Appeal From Conviction, Admissibility of Evidence, Cross Examination, Prior Inconsistent Statements, Witness Bias
Criminal Law Evidence Appeal From Conviction Admissibility of Evidence Cross Examination Prior Inconsistent Statements Witness Bias

Case Brief

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Parties

Patrick Hudd

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in refusing to admit evidence from a defence witness (Mark O'Shea) concerning alleged prior inconsistent statements by the prosecution witness and bias
  2. 2 Whether such evidence was relevant and admissible under s.61 of the Evidence Ordinance 1971 (A.C.T.) and at common law
  3. 3 Whether the exclusion of this evidence resulted in a miscarriage of justice requiring a retrial

Ratio Decidendi

The exclusion at trial of admissible evidence from Mark O'Shea, regarding both a prior inconsistent statement of the prosecution witness and attempts to procure false evidence (indicative of bias), amounted to a miscarriage of justice that could have affected the verdict. Accordingly, the appeal should be allowed and a retrial ordered.

Court Disposition

Appeal allowed; conviction and sentence set aside; new trial ordered.

Orders

  • The appeal be allowed.
  • The conviction and sentence be set aside.