A 'finding' for the purposes of appeal under s 27 of the Coroner's Act 2003 (SA) must be a conclusory statement regarding the cause or a circumstance of death; reasoning towards findings, expressions of doubt, and questions raised by the evidence are not appealable findings. A prohibited 'suggestion' of liability under s 25(3) requires more than findings of fact comprising elements that may give rise to liability — it requires an application of law to facts suggesting liability arises or may arise. Coronial recommendations are not amenable to appeal. The rule in Browne v Dunn does not apply in coronial proceedings; fairness concerns are addressed through the obligation to afford procedural fairness.
The full text is available to signed-in members.