R v Ellis [1925] HCA 56

R v Ellis [1925] HCA 56

Sec. 407(2) of the Crimes Act 1900 (N.S.W.) prohibits any comment, even by a co-accused, on an accused person's failure to give evidence. However, a contravention does not automatically amount to a substantial miscarriage of justice under sec. 6 of the Criminal Appeal Act 1912 (N.S.W.); the appellate court must consider the impact in all the circumstances.

Parties
Appellant: The King; Respondent: Ellis
Jurisdiction
Australia
Judgment Date
18 December 1925
Procedural Posture
Criminal Appeal / Special Leave to Appeal From Supreme Court of New South Wales (full Court), Order Rescinded by High Court of Australia
Outcome
Special leave to appeal rescinded
Legal Topics
Comment on Accused's Silence, Substantial Miscarriage of Justice, Joint Trials, Crimes Act 1900 (n.s.w.), Sec. 407, Criminal Appeal Act 1912 (n.s.w.), Sec. 6
Criminal Law Comment on Accused's Silence Substantial Miscarriage of Justice Joint Trials Crimes Act 1900 (n.s.w.), Sec. 407 Criminal Appeal Act 1912 (n.s.w.), Sec. 6

Case Brief

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Parties

The King

Appellant

Ellis

Respondent

Procedural Posture

Criminal Appeal / Special Leave to Appeal From Supreme Court of New South Wales (full Court), Order Rescinded by High Court of Australia

Legal Issues

  1. 1 Whether sec. 407(2) of the Crimes Act 1900 (N.S.W.) prohibits comment by a co-accused on an accused person's failure to give evidence at a joint trial
  2. 2 Whether such comment constitutes a substantial miscarriage of justice under sec. 6 of the Criminal Appeal Act 1912 (N.S.W.)

Ratio Decidendi

Sec. 407(2) of the Crimes Act 1900 (N.S.W.) prohibits any comment, even by a co-accused, on an accused person's failure to give evidence. However, a contravention does not automatically amount to a substantial miscarriage of justice under sec. 6 of the Criminal Appeal Act 1912 (N.S.W.); the appellate court must consider the impact in all the circumstances.

Court Disposition

Special leave to appeal rescinded

Orders

  • Order granting special leave to appeal rescinded
  • Order for new trial of respondent stands