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miscarriage of justiceprejudicial evidence and proviso
R v Patel
Patel v The Queen (2012) 247 CLR 531; [2012] HCA 29
Key Principle
A miscarriage of justice within the proviso to the criminal-appeal provisions occurs where, after a large body of highly prejudicial but ultimately irrelevant evidence has been admitted, the prosecution radically recasts its case late in the trial so that the jury cannot be assumed to have disregarded that evidence; in such circumstances the convictions must be quashed and a retrial ordered.
Area of Law
criminal
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