SKA v The Queen [2011] HCA 13

SKA v The Queen [2011] HCA 13

The High Court held that the NSW Court of Criminal Appeal failed to make a proper independent assessment of the evidence as required by s 6(1) of the Criminal Appeal Act 1912 (NSW) and by the principles established in M v The Queen. Special leave to appeal was granted in respect of grounds 2, 3 and 4, the appeal was allowed, the order dismissing SKA’s appeal was set aside, and the matter remitted for rehearing.

Parties
Applicant: SKA; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
04 May 2011
Procedural Posture
Criminal Appeal / Special Leave to Appeal to High Court; Determination of Appeal From NSW Court of Criminal Appeal
Outcome
Special leave to appeal granted in respect of grounds 2, 3 and 4, refused in respect of grounds 1 and 5; appeal allowed; orders of NSW Court of Criminal Appeal set aside; matter remitted for rehearing.
Legal Topics
Unreasonable Verdicts, Appellate Review, Sufficiency of Evidence, Video Evidence on Appeal
Criminal Law Criminal Procedure Unreasonable Verdicts Appellate Review Sufficiency of Evidence Video Evidence on Appeal

Case Brief

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Parties

SKA

Applicant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Special Leave to Appeal to High Court; Determination of Appeal From NSW Court of Criminal Appeal

Legal Issues

  1. 1 Whether the Court of Criminal Appeal failed to make an independent assessment of the evidence as required under s 6(1) of the Criminal Appeal Act 1912 (NSW) and the test in M v The Queen (1994) 181 CLR 487.
  2. 2 Whether the verdicts of the jury were unreasonable or could not be supported having regard to the evidence.
  3. 3 Whether the appellate court was required to view video evidence presented at trial.

Ratio Decidendi

The High Court held that the NSW Court of Criminal Appeal failed to make a proper independent assessment of the evidence as required by s 6(1) of the Criminal Appeal Act 1912 (NSW) and by the principles established in M v The Queen. Special leave to appeal was granted in respect of grounds 2, 3 and 4, the appeal was allowed, the order dismissing SKA’s appeal was set aside, and the matter remitted for rehearing.

Court Disposition

Special leave to appeal granted in respect of grounds 2, 3 and 4, refused in respect of grounds 1 and 5; appeal allowed; orders of NSW Court of Criminal Appeal set aside; matter remitted for rehearing.

Orders

  • Special leave to appeal granted in respect of grounds 2, 3 and 4; refused on grounds 1 and 5.
  • Appeal treated as instituted and heard instanter and allowed.