The King v ZTCitation:[2025] HCA 9Before:Gageler CJ, Gordon, Edelman, Steward, Gleeson, Jagot, Beech-Jones JJDate:02 Apr 2025Case Number:S38/2024Read more
The Court held that the Court of Criminal Appeal erred by not listening to or viewing the recordings of principal evidence, as this was necessary to properly assess whether the jury's verdict was unreasonable or could not be supported by the evidence.
- Parties
- Appellant: The King; Respondent: ZT
- Jurisdiction
- Australia
- Judgment Date
- 02 April 2025
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Appeals, Recorded Evidence, Reasonable Doubt, Appellate Function
Case Brief
Summary, issues, holding and outcome
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Parties
The King
Appellant
ZT
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the Court of Criminal Appeal erred by not viewing or listening to recordings of principal evidence when determining reasonable doubt
- 2 Whether failure to listen to or view principal evidence constituted a failure to discharge appellate function as described in M v The Queen (1994) 181 CLR 487
Ratio Decidendi
The Court held that the Court of Criminal Appeal erred by not listening to or viewing the recordings of principal evidence, as this was necessary to properly assess whether the jury's verdict was unreasonable or could not be supported by the evidence.
Court Disposition
appeal allowed
Orders
- The judgment of the Court of Criminal Appeal is set aside.
- The matter is remitted for reconsideration with the requirement to listen to or view the principal evidence recordings.
Full Case Text
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