The unlawful release of compulsory Crime Commission examination transcripts to the DPP does not automatically create a miscarriage of justice; the appellant must demonstrate actual unfairness at trial resulting from the unlawful conduct. Where no objection was taken at trial despite knowledge of the material, and no actual unfairness arose, that failure is itself fatal to the ground of appeal. On unreasonable verdict grounds, the appellate court reviews the facts but does not re-evaluate all facts and arguments without identified complaints; where the jury had the advantage of assessing a key witness whose evidence was not inherently implausible, the appellate court should not come to a different conclusion.
The full text is available to signed-in members, including the 19 later cases that cite this judgment.
7 of the 19 citing cases carry a classified treatment. How each court treated it is available to signed-in members.