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Networked Knowledge - Appeal Court Responses to Errors at Trial
Authors of this page: Dr Robert N Moles and Bibi Sangha barrister
Discussions of the law on miscarriages of justice in Australia, the UK and the USA
Introduction to the law of Australia and the UK
Introduction to the Criminal Justice System
Outline: general principles - Miscarriages of Justice
Outline: general principles - Miscarriages of Justice - R v Mallard 2005 HCA
Post-conviction Reviews in Criminal Cases - the UK and Australia
By Bibi Sangha. This article argues that where fraud is asserted to have occurred in the securing of a criminal conviction, there is a right to be heard and to have the conviction set aside, even in the absence of a right of appeal. This article forthcoming in the Australian Bar Review
UK Law on Miscarriages of Justice
The Law of the UK - Part One - Miscarriages of Justice
The Law of the UK - Part Two - References
The Criminal Cases Review Commission UK
"Stolen Innocence" – The Story of Sally Clark by John Batt
Summaries of UK murder cases overturned 1947 - 1986
Summaries of UK murder cases overturned 1987 to date
USA Law on Miscarriages of Justice
Australian Law on Miscarriages of Justice
Part 1 - The Law of Australia - Miscarriages of Justice
Part 2 - References
The cases from the Australia the UK and the USA
The Australian Cases
1931 - Edwards (No 2) - South Australian Supreme Court - no right to reopen appeal once determined
1938 - Grierson - High Court - no right to reopen appeal once determined
1956 - Mraz - High Court - issue estoppel - inconsistent verdicts - rape and manslaughter
1963 - Plomp - High Court - circumstantial evidence - drowning at sea
1974 - Ratten - High Court - appeals in criminal cases - acquittal or retrial - fresh evidence
1974 - Collins - High Court - Leave to Appeal to High Court
1983 - Giannarelli - High Court - perjury - immunity - issue not raised previously
1984 - Davern - High Court - double jeopardy, appeal against acquittal
1985 - McIntee - South Australian Supreme Court - reception of fresh evidence
1985 - Metwally - High Court - re-opening of appeal
1986 - Gallagher - High Court - false confession - can appellate court dismiss without retrial?
1988 - Wilde - High Court - scope of the proviso
1989 - Jones - High Court - criminal appeal - powers to require retrial or an acquittal
1989 - Pantorno - High Court - criminal appeal - power to re-open appeal
1989 - Mickelberg - High Court - can High Court hear new evidence?
1993 - Walton v Gardiner - High Court - abuse of process
1993 - Autodesk v Dyason - High Court - copyright - re-open appeal
1994 - M - High Court - powers of appellate court in criminal appeal
1994 - Rogers - High Court - abuse of process
1997 - Green - High Court - homosexual advance - provocation - proviso
1997 - KBT - High Court - sexual offences, minor - proviso
1997 - Postiglione - High Court - power to re-open appeal - sentencing principles
1998 - Gipp - High Court - sets out powers of appellate court in hearing criminal appeals
1998 - Penney - High Court - poor investigation may not lead to verdict being unsatisfactory
1998 - Osland - High Court - appellate court not to usurp the role of the jury
1998 - Von Einem - Supreme Court South Australia - Decision of AG on petition not reviewable
2001 - Grey - High Court - failure to disclose going to credibility of Crown witness
2002 - Piggott NSW CCA - should govt lab experts follow the manual?
2002 - Button - WASC - murder Rosemary Anderson - Edgar Cooke confessed
2002 - Velevski - High Court - murder suicide or murder - conflicting expert opinion
2003 - Heron - High Court - Judicial error, proviso, provocation
2003 - Gillard - High Court - murder / manslaughter, common purpose, proviso
2003 - Heuston - NSW CCA - police corruption - delay - acquittal or new trial?
2003 - Ray - NSW CCA - direction regarding lies - inappropriate directions by judge
2004 - Milat - High Court - special leave - no right to oral submission
2004 - Mickelberg - West Australian Supreme Court - convictions overturned
2005 - Beamish - WASC - murder of Jillian Brewer - Edgar Cooke confessed
2005 - Cooley - WA - failure to disclose issue going to credibility of Crown witness
2005 - Christie - WA - distinction between "fresh" and "new" evidence
2005 - Stevens - High Court - summing up on "accident" and "proviso"
2005 - Mallard - High Court - non disclosure by prosecution - good summary of principles
2005 - Weiss - High Court - application of "the proviso" in appeal cases
2005 - Ali - High Court - incompetence of counsel not established as ground for miscarriage
2005 - D'Orta - High Court - immunity of barristers from suit
2005 - Kamleh - High Court - hearsay - adelaide shootings
2005 - Fingleton - High Court - judicial independence - immunity - magistrate
2006 - Antoun - High Court - apprehended judicial bias
2006 - Phillips - High Court - similar fact evidence
2006 - Nudd - High Court - incompetence of counsel at trial
2006 - Batistatos v RTA NSW - High Court - abuse of process
2006 - Darkan, Hall and McIvor - High Court - "a probable consequence" and "proviso"
2006 - Bounds - High Court - joinder of charges and "proviso"
2006 - Clayton Hartwick Hartwick - High Court Appeal - "accessory" and "joint enterprise"
2007 - Folbigg v R 2007 NSW CCA - Power of court to re-open appeal
2007 - Fazzari, Martinez and Pereiras v West Australia 2007 CCA
2007 - R v Hillier [2007] HCA 13
2007 - SZFDE v Minister for Immigration and Citizenship[2007] HCA 35
2007 - Blessington and Elliot v The Queen [2007] HCA 51
2007 - Evans v The Queen [2007] HCA 59 - elements of a fair trial, application of the proviso
2008 - AK v The State of West Australia [2008] HCA 8 - Jury trial or judge alone trial
2008 - Burrell v The Queen [2008] HCATrans 221 - Transcript of High Court hearing
2008 - Cesan v The Queen; Mas Rivadavia v The Queen [2008] HCA 52 - sleeping judge High CourtThe United Kingdom Cases
The following cases all involve convictions for murder which have been overturned by the UK Court of Appeal (Criminal Division) after a reference from the CCRC.
1952 - Bentley (hanged) - inappropriate directions by judge
1970 - Cooper and McMahon - inadequate police investigation - prosecution disclosure
1974 - Downing - breach of Judges Rules [PACE] - inappropriate confession
1975 - Nicholls - recent pathology evidence to suggest accident / natural causes - not foul play
1977 - Maynard and others - police statement unreliable - 4 convictions overturned
1977 - Charlie Smith - psychopathic condition not known of - confession unreliable
1978 - Leyland Magistrates - witnesses not dislcosed - conviction set aside
1979 - Steel - false confession and psychiatric evidence of suggestibility and compliance
1980 - Pinfold and MacKenney - evidence of psychopath / accomplice unreliable - unknown at trial
1981 - Kamara - identification evidence - failure to disclose 201 witness statements
1982 - Twitchell - police officers behaving badly
1983 - Fell - false confession - desire to impress - impaired mental development
1984 - Campbell - honesty and integrity of police officers in doubt
1984 - Foster - A pardon does not remove conviction, only its effects
1985 - Goonatilleke - Quashing a conviction which has been obtained by perjury or fraud
1986 - James - confession unreliable if access to legal advice denied
1987 - Greeen - admissibility of statement, hypoglycaemic episode
1987 - O'Brien, Hall and Sherwood - unreliability of confession and police evidence
1988 - Shirley - DNA evidence inconsistent with other circumstantial evidence
1989 - Druhan - defence deprived of important opportunity to undermine credibility of witness
1989 - Poole and Mills - hearsay evidence improperly admitted - unreliable witness
1989 - Guildford Four: Richardson, Conlon, Armstrong, Hill - unreliable police statements
1990 - Bolton Justices - quash conviction by certiorari on grounds analagous to fraud
1991 - Wickens - timing of death - pathology reports inconsistent with witness statements
1991 - McIlkenney - IRA bombing Birmingham 6 - unreliability of scientific and police witnesses
1992 - Ward - IRA bombing - non disclosure to defence - unreliability of scientific witnesses
1992 - Christofides - misdirection by judge - jury deprived of evidence favourable to accused
1992 - Brannan and Murphy - non disclosure to defence - unreliability of witness
1994 - Samra - explosive personality disorder not disclosed at trial - diminished responsibility
1995 - Gilfillan - diminished responsibility not revealed to or disclosed by expert witness
1995 - James - vet - poisoned wife - suicide note found after death
1996 - Causley - information re credibility of Crown witness not disclosed to defence
1996 - Friend - failure to provide evidence of mental impairment
1996 - Farnell - misdirection with regard to "provocation"
1996 - Preddy [House of Lords] - mortgage fraud, property belonging to another
1996 - Treadaway - police fabricated evidence - bagging the suspect
1997 - MF (a juvenile) - failure to adduce evidence of diminished responsibility
1997 - Karimi - new psychiatric evidence - enduring personality change (EPCC)
1997 - Bowler - new evidence of accident hypothesis not thought of at trial
1998 - Stanton v Callaghan - expert report and witness immunity
1998 - Kebeline [House of Lords]- Human Rights Act
2000 - R v Gilfoyle - standards for expert witnesses
2001 - Pendleton - the appellate court is not to replace the function of the jury
2001 - Scottish Criminal Cases Review Commission - confidentiality of jury deliberations
2001 - Davis, Johnson and Rowe - failure to disclose witness as paid informant
2001 - Kansal - retrospectivity of change in common law on appeal
2002 - Bamber - murder or suicide? Part One Background Issues - Part Two Appeal
2002 - Smith - provocation in context of battered woman syndrome
2003 - Sally Clark - convicted of murder of young babies. Faulty scientific evidence
2003 - Robert Haddon - new evidence of diminished responsibility
2003 - Anthony Steel - confession and admissions unreliable
2003 - Benedetto - jail confession, role of prosecutor
2004 - Cannings - EWCA - serious difference of opinion by experts - reasonable doubt?
2004 - Pollock - verdict of jury "safe"?
2005 - Puaca - Overview
2005 - Puaca - Judgment- unreliable forensic evidence - many similarities to the Keogh case issues
2005 - Harris, Rock, Cherry and Faulder - [General issues] baby deaths - conflicting expert evidence
2005 - Harris, Rock, Cherry and Faulder - [Harris case]
2005 - Harris, Rock, Cherry and Faulder - [Fauldner case]
2005 - Harris, Rock, Cherry and Faulder - [Cherry case]
2005 - Harris, Rock, Cherry and Faulder - [Rock case]
2005 - R v Wang House of Lords (Criminal Division) - direction to convict not permissible
2006 - Toth - expert evidence, conflict of interest, conflict between experts
2006 - CCRC - Boston v CCRC - judicial review of decision not to refer to Court of Appeal
2006 - Adams - Northern Ireland - convicted person psychologically vulnerable
2006 - Bowman - conflicting expert evidence
2006 - Mulholland - Northern Ireland - subsequent evidence of improper conduct
2006 - Boreman - Conflicting pathology evidence, Dr Michael Heath, Dr Stephen Corder, Australia
2006 - Coutts, House of Lords, lesser offence, jury duty to follow instructions
2007 - Adams - deficiencies in legal representation at trial - jury misconduct
2007 - Foster, Newman, Kempster, Birmingham - charging lesser offence
2007 - Meill - setting aside acquittal, double jeopardy, statutory provision for fresh charge
2007 - Brown - Re-opening of appeal and circumstances in which it is allowed
2007 - McMenamin - Appeal allowed after guilty plea
2007 - Walsh - Inherent power of Court of Appeal to re-open appeal
2007 - Convery - stay of judgment pending appeal
2007 - Gilmour - confession by vulnerable accused unreliable
2007 - Gault - refusal of bail breach of human rights
2007 - Dowsett - judicial review of CCRC decision
2007 - Boyle - judicial review of CCRC decision
The USA cases
1963 - Fahy v Connecticut - erroneously admitted evidence not "harmless error"
2005 - Yates (Texas) - mother kills children - error in expert evidence
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