Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
The Queen v Tran [2000] FCA 1888
CRIMINAL LAW & PROCEDURE – murder and intentional wounding – appeal – irregularities in relation to conduct of trial – prosecutor's opening not supported by evidence – Crown case presented on basis of unsustainable theory – prosecutor not resiling from theory – whether miscarriage of justice. CRIMINAL LAW & PROCEDURE – grounds of appeal – verdicts said to be "unsafe and unsatisfactory" – whether appropriate to formulate grounds in these terms – considerations governing ordering of new trial. Criminal Appeal Act 1907 (UK) s 4(1) Federal Court of Australia Act 1976 (Cth) ss 24(1)(b), 28(1)(e), 28(1)(f) Criminal Appeal Act 1912 (NSW) s 6(1) Crimes Act 1958 (Vic) s 568(1) Criminal Code (Qld) s 668E(1) Chamberlain v The Queen [No 2] (1984) 153 CLR 521 at 532, 535 applied Fleming v The Queen (1998) 197 CLR 250 at 256 applied R v Anderson (1991) 53 A Crim R 421 at 453, 437-8, 449, 453 applied Davies and Cody v The King (1937) 57 CLR 170 at 180 referred to M v The Queen (1994) 181 CLR 487 at 492-5 referred to Gipp v The Queen (1998) 194 CLR 106 at 114, 146-150, 158-9, 256 referred to R v Serratore (1999) 48 NSWLR 101 at 131-2 referred to R v Giam (1999) 104 A Crim R 416 at 422-423 referred to King v The Queen (1986) 161 CLR 423 at 426, 427, 433 and 435-6 referred to R v Tangye (1997) 92 A Crim R 545 at 556 referred to Director of Public Prosecutions (Nauru) v Fowler (1984) 154 CLR 627 at 630 referred to R v Wilkes (1948) 77 CLR 511 at 518 referred to Parker v The Queen (1997) 186 CLR 494 referred to
THE QUEEN v VIET DUNG TRAN
A32 of 2000
VIET DUNG TRAN v THE QUEEN
A33 of 2000
BLACK CJ, WEINBERG and KENNY JJ
22 DECEMBER 2000
MELBOURNE (HEARD IN CANBERRA)
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY A 32 OF 2000
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