Australia Leading Case unreasonable verdictunsafe and unsatisfactoryappellate review

M v The Queen

[1994] HCA 63; (1994) 181 CLR 487

JurisdictionAustralia

CourtHigh Court of Australia

Year1994

StatusBinding authority

Key Principle

On an 'unreasonable or unsafe' verdict appeal, the appellate court must itself assess whether, on the whole of the evidence, it was open to the jury to be satisfied of guilt beyond reasonable doubt; if, making full allowance for the jury's advantages, the court concludes there is a significant possibility that an innocent person has been convicted, it must set the verdict aside.

Area of Law

Criminal Law, Procedure & Evidence

Related Cases

McAuliffe v The Queen [1995] HCA 37; (1995) 183 CLR 108

Domican v The Queen [1992] HCA 13; (1992) 173 CLR 555

Dietrich v The Queen [1992] HCA 57; (1992) 177 CLR 292

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