High Court of Australia
HIGH COURT OF AUSTRALIA
KIEFEL, BELL, GAGELER, KEANE AND NETTLE JJ
Matter No A24/2016
TRISTAN KAY CASTLE APPELLANT
AND
THE QUEEN RESPONDENT
Matter No A26/2016
JASON LUKE BUCCA APPELLANT
AND
THE QUEEN RESPONDENT
Castle v The Queen Bucca v The Queen [2016] HCA 46 16 November 2016 A24/2016 & A26/2016
ORDER
Matter No A24/2016
1. Appeal allowed.
2. Set aside the order of the Court of Criminal Appeal of the Supreme Court of South Australia made on 3 December 2015, and in its place order that:
(a) the appeal be allowed;
(b) the appellant's conviction be quashed; and
(c) a new trial be had.
Matter No A26/2016
1. Appeal allowed.
2. Set aside the order of the Court of Criminal Appeal of the Supreme Court of South Australia made on 3 December 2015, and in its place order that:
(a) the appeal be allowed;
(b) the appellant's conviction be quashed; and
(c) a new trial be had.
On appeal from the Supreme Court of South Australia
Representation
G O'L Reynolds SC with S G Henchliffe for the appellant in A24/2016 (instructed by Mangan Ey & Associates)
M E Shaw QC with B J Doyle for the appellant in A26/2016 (instructed by North East Lawyers)
A P Kimber SC with F J McDonald for the respondent in both matters (instructed by Director of Public Prosecutions (SA))
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
Castle v The Queen Bucca v The Queen
Criminal law – Appeal against conviction – Application of proviso – Where appellants convicted of murder arising out of joint criminal enterprise – Where evidence of exculpatory statement by one appellant wrongly left to jury as evidence of admission – Where remaining evidence circumstantial – Whether no substantial miscarriage of justice occurred.
Criminal law – Summing-up – Where one appellant gave evidence – Where trial judge referred jury to aspects of appellant's evidence but did not summarise it – Whether appellant's case fairly left to jury.
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