Raspor v R [1958] HCA 30

Powe, 'Mick . . Foll q mg Rie panes RSTAR ARRAY 74

FAR I 1987] 20dR 809 te... br 346 HIGH COURT (1958, (HIGH COURT OF AUSTRALIA] RASPOR . n 6 A : i . ' APPLICANT ; AND

THE QUEEN . 2 5 a . ' 5 RESPONDENT.

H.C. or A. Criminal Law—Appeal—Court of Criminal Appeal of Victoria—Power to interfere

1958. with verdict—Whether only exercisable where finding unreasonable or whether

Ww exercisable where no reasonable evidence on which jury could reasonably find

MELBOURNE, issue in favour of party bearing onus of proof—Distinction between verdict

May 26, 27; contrary to evidence and verdict against weight of evidence—Question of fact— Whether power of High Court to grant special leave to appeal should be exercised —

BRISBANE.

aa og Crimes Act 1957 (No. 6103) (Vict.), 8s. 563, 564.

Dixon 0.5., Section 564 of the Crimes Act 1957 (No. 6103) (Vict.), as amended, provides eae inter alia that on any appeal against conviction the Full Court " shall allow the Taylor JJ. appeal if it thinks that the verdict of the jury should be set aside on the ground

that it is unreasonable or cannot be supported having regard to the evidence ".

Held, that it is not the law that upon an issue which the Crown must estab- lish beyond reasonable doubt a verdict against the prisoner must be sustained by a court of criminal appeal unless upon the evidence the finding is unreason- able in a case where there has been no misdirection erroneous reception or rejection of evidence and no other objection exists as to the course of the trial. 'The powers of the Court of Criminal Appeal of Victoria are not so restricted. It is within the powers of that court to set aside a conviction on the ground that it is against the weight of evidence.

Powers of the Court of Criminal Appeal of Victoria discussed. Reg. v. McGibbony (1956) V.L.R. 424 considered.