Craig v The QueenCitation:[2018] HCA 13Before:Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJDate:21 Mar 2018Case Number:B24/2017Read more
There was no miscarriage of justice because there was no evidence to suggest the trial would have been conducted differently absent the incorrect advice regarding cross-examination on prior convictions.
- Parties
- Appellant: Unknown (Appellant); Respondent: Unknown (Respondent)
- Jurisdiction
- Australia
- Judgment Date
- 21 March 2018
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Appeal Against Conviction, Murder, Manslaughter, Intention to Kill, Grievous Bodily Harm, Incorrect Legal Advice, Cross Examination, Prior Convictions, Miscarriage of Justice
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Parties
Unknown (Appellant)
Appellant
Unknown (Respondent)
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether incorrect legal advice regarding cross-examination on prior convictions led to a miscarriage of justice
- 2 Whether the appellant's decision not to give evidence was affected by incorrect advice
- 3 Whether the trial would have been conducted differently absent the incorrect advice
Ratio Decidendi
There was no miscarriage of justice because there was no evidence to suggest the trial would have been conducted differently absent the incorrect advice regarding cross-examination on prior convictions.
Court Disposition
appeal dismissed
Orders
- Conviction upheld
- No miscarriage of justice found
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment