Folbigg v R

[2023] NSWCCA 325

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal and review
3. › Post-conviction inquiry
4. › Inquiry ordered by Governor pursuant to s 77(1)(a) Crimes (Appeal and Review) Act 2001 (NSW)
5. › Judicial officer forming opinion of reasonable doubt as to guilt
6. › Referral to Court of Criminal Appeal pursuant to s 82(2)
7. › Whether convictions should be quashed
8. › New scientific evidence unavailable at trial
9. › Crimes (Appeal and Review) Act 2001 (NSW), ss 77, 82, 84, 85, 88
10. › Criminal Appeal Act 1912 (NSW), s 6
1. Criminal Law
2. › Appeal and review
3. › Post-conviction inquiry
4. › Role of Court of Criminal Appeal on referral
5. › Whether Court bound by opinion of judicial officer
6. › Independent assessment required
7. › Criminal Appeal Act 1912 (NSW), s 6(1)
1. Criminal Law
2. › Evidence
3. › Coincidence and tendency evidence
4. › Probative force substantially diminished by new scientific evidence identifying natural causes of death
1. Criminal Law
2. › Evidence
3. › Diary entries as admissions
4. › Expert psychiatric and psychological evidence
5. › Whether diary entries constituted reliable admissions of guilt

Quick Take

On a referral to the CCA following a post-conviction inquiry under the Crimes (Appeal and Review) Act 2001 (NSW), the Court must independently satisfy itself that the jury's verdict should be set aside and is not bound by the opinion of the judicial officer who conducted the inquiry, even where that officer has expressed reasonable doubt as to guilt.