Dansie v The QueenCitation:[2022] HCA 25Before:Gageler, Keane, Gordon, Steward, Gleeson JJDate:10 Aug 2022Case Number:A4/2022Read more

The court held that the Full Court did not misapply the test in M v The Queen and that the conviction was not unreasonable having regard to the evidence.

Parties: Appellant: Unknown (Appellant); Respondent: Unknown (Respondent)
Jurisdiction: Australia
Judgment Date: 10 August 2022
Procedural Posture: Criminal Appeal / Judgment
Outcome: appeal dismissed
Legal Topics: Murder, Unreasonable Verdict, Appeal by Judge Alone, Function of Court of Criminal Appeal

Criminal Law Appellate Procedure Murder Unreasonable Verdict Appeal by Judge Alone Function of Court of Criminal Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Unknown (Appellant)

Appellant

Unknown (Respondent)

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

1 Whether the verdict of guilty for murder was unreasonable or could not be supported by the evidence
2 Whether the Full Court misapplied the test in M v The Queen (1994) 181 CLR 487 when determining the appeal

Ratio Decidendi

The court held that the Full Court did not misapply the test in M v The Queen and that the conviction was not unreasonable having regard to the evidence.

Court Disposition

appeal dismissed

Orders

Conviction upheld
No order as to costs