Perry v The Queen [1982] HCA 75

High Court of Australia Gibbs C.J. Murphy, Aickin, Wilson and Brennan JJ. Perry v The Queen [1982] HCA 75

ORDER Application for special leave to appeal granted. Appeal allowed. Order that the judgment of the Court of Criminal Appeal be set aside and in lieu thereof order that the appeal to that Court be allowed, the convictions quashed and a new trial ordered.

The following written reasons for judgment were published:—

Gibbs C.J.

The Court grants special leave to appeal and allows the appeal. The order of the Court of Criminal Appeal is set aside and in lieu thereof order that the appeal to that court be allowed, the convictions quashed and a new trial ordered. The reasons of the Court will be given as soon as possible.

1982, Dec. 16 Gibbs C.J.

The applicant, Mrs. Perry, was tried on indictment before the Supreme Court of South Australia on two charges of attempting to murder Mr. Perry, who is her third husband. The case for the prosecution was that from about 1 July 1978 until about 30 November 1978, and again from about 1 February 1979 until about 31 October 1979, the applicant administered poison to her husband with intent to kill him. She was convicted on both counts. She appealed to the Court of Criminal Appeal on a number of grounds, but her appeal was dismissed. She then applied to this Court for special leave to appeal. The main ground on which the application was made (and the only ground which the Court permitted to be argued in full) was that the learned trial judge had wrongly admitted evidence which, according to the Crown, showed that three other persons with whom the applicant had had a close relationship had died of poisoning. This Court granted special leave, allowed the appeal, set aside the conviction and ordered a new trial but announced that the reasons for the decision would be given later. I now give my reasons for joining in the decision.