Andrew O’Brien KC (with S C Holt QC) appeared for the appellants, instructed by Bosscher Lawyers.
This appeal concerned the learned trial judge’s decision to allow the objection of the appellant’s evidence. The appellant’s sole ground of appeal was that allowing the objection of evidence was a wrong decision on a question of law and constituted miscarriage of justice. The Court of Appeal held that the appellant’s explanation cannot be regarded as so lacking in plausibility, or “so glaringly improbable”, that it is open for this court to reject it out of hand. In addition, the proviso to s 668E(1A) of the Criminal Code cannot be applied, as the weight of evidence that should be accorded to evidence is a matter for a jury. Ultimately, the appeal was allowed, convictions of counts 1 to 4 were set aside and a retrial was ordered.
The judgment can be read by clicking here
