The Queen v Hillier [2007] HCA 13

The Queen v Hillier [2007] HCA 13

The majority of the Court of Appeal erred by considering circumstantial evidence in isolation and failing to apply the proper appellate standard; upon the whole of the evidence, it was open for the jury to be satisfied beyond reasonable doubt. The matter should be remitted for rehearing by the Court of Appeal.

Parties
Applicant: The Queen; Respondent: Steven Wayne Hillier
Jurisdiction
Australia
Judgment Date
22 March 2007
Procedural Posture
Criminal Appeal / Special Leave to Appeal and Appeal From Court of Appeal Decision
Outcome
Special leave to appeal granted; appeal allowed; orders of the Court of Appeal set aside; matter remitted to the Court of Appeal for rehearing.
Legal Topics
Criminal Appeals, Circumstantial Evidence, Unsafe or Unsatisfactory Verdict, Appellate Jurisdiction, Trial Irregularity, DNA Evidence
Criminal Law Criminal Appeals Circumstantial Evidence Unsafe or Unsatisfactory Verdict Appellate Jurisdiction Trial Irregularity DNA Evidence

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Parties

The Queen

Applicant

Steven Wayne Hillier

Respondent

Procedural Posture

Criminal Appeal / Special Leave to Appeal and Appeal From Court of Appeal Decision

Legal Issues

  1. 1 Whether the Court of Appeal erred in quashing the jury's verdict
  2. 2 Proper appellate standard for reviewing jury verdicts where no common form criminal appeal statute is enacted
  3. 3 Extent of duties and powers of the Court of Appeal under Pt 2A of the Supreme Court Act 1933 (ACT)

Ratio Decidendi

The majority of the Court of Appeal erred by considering circumstantial evidence in isolation and failing to apply the proper appellate standard; upon the whole of the evidence, it was open for the jury to be satisfied beyond reasonable doubt. The matter should be remitted for rehearing by the Court of Appeal.

Court Disposition

Special leave to appeal granted; appeal allowed; orders of the Court of Appeal set aside; matter remitted to the Court of Appeal for rehearing.

Orders

  • Special leave to appeal is granted.
  • The appeal is treated as instituted and heard instanter and allowed.