(This post was originally published on Amicus on 8 April 2020) In Pell v The Queen the High Court has unanimously allowed an appeal from the Victorian Court of Appeal's (VCA) majority decision to reject a conviction appeal. The High Court held that the jury should have held reasonable doubts about the guilt of the … Continue reading Pell v The Queen – unreasonable verdicts and ‘beyond reasonable doubt’
Tag: beyond reasonable doubt
Strbak – the right to silence in contested facts hearings on sentence
Yesterday, in Strbak the High Court allowed an appeal from the QCA, holding that adverse inferences should not be made where the offender declines to give sworn evidence in a contested facts hearing. In doing so, the Court overturned Miller, a QCA authority on this point. CONTENT WARNING: Child homicide Factual Background The Appellant and … Continue reading Strbak – the right to silence in contested facts hearings on sentence
NSW Criminal Law Blog 