Full Court Minute Books

Case B25/2021

Orreal v. The Queen

Case No.


Case Information

Lower Court Judgment

08/05/2020 Supreme Court of Queensland (Court of Appeal) (McMurdo and Mullins JJA, Bond J)

[2020] QCA 95


Criminal law – Application of proviso – Substantial miscarriage of justice – Prejudicial evidence – Where applicant charged with sexual offending against child – Where, at trial, irrelevant, inadmissible and prejudicial medical evidence placed before jury – Where prosecution, in summing up, contended evidence could be of some use to jury – Where trial judge did not direct jury to disregard inadmissible evidence and directed jury could use evidence – Where applicant unsuccessfully appealed to Court of Appeal – Where majority of Court of Appeal held, despite reception of inadmissible and prejudicial evidence, no substantial miscarriage of justice occurred – Whether, in cases turning on issues of contested credibility, appropriate for intermediate Court of Appeal to make own assessment of admissible evidence for purpose of determining whether no substantial miscarriage of justice occurred.


16/04/2021 Hearing (SLA, Canberra)

28/04/2021 Notice of appeal

04/06/2021 Written submissions (Appellant)

04/06/2021 Chronology (Appellant)

02/07/2021 Written submissions (Respondent)

21/07/2021 Reply

11/11/2021 Hearing (Full Court, Canberra) (Audio-visual recording)

11/11/2021 Outline of oral argument (Appellant)

11/11/2021 Outline of oral argument (Respondents)

16/12/2021 Judgment (Judgment summary)