Full Court Minute Books

Case M154/2011

Baker v. The Queen

Case No.

M154/2011

Case Information

Lower Court Judgment

9/09/2010 Supreme Court of Victoria (Court of Appeal) (Maxwell P, Buchanan JA, Bongiorno J)

[2010] VSCA 226

Catchwords

Criminal law — Evidence — Hearsay — Admissions — Applicant, along with co-accused at trial, LM, involved in altercation following which one Mr Snowball fell through glass window to street below and died — Applicant found guilty of murder of Mr Snowball — LM acquitted — Witnesses gave competing versions of events leading to death of Mr Snowball — Version implicating applicant as person who pushed or punched Mr Snowball in manner resulting in his fall was preferred by jury — In case against LM, Crown relied on evidence of admissions made by LM that suggested he was responsible for Mr Snowball's fall — Trial judge directed jury that case against each accused was to be assessed only in light of evidence applicable to each accused, meaning evidence of LM's admissions not evidence in case against applicant — Whether evidence of LM's admissions was admissible in exculpation of applicant — Whether potential exception to hearsay considered in Bannon v The Queen (1995) 185 CLR 1 ought to be recognised and whether LM's admissions within scope of any such exception — Whether applicant's trial miscarried and jury's verdict unsafe or unsatisfactory by reason of exclusion of LM's admissions.

Short Particulars

Documents

28/10/2011 Hearing (SLA, Melbourne)

11/11/2011 Notice of appeal

25/11/2011 Written submissions (Appellant)

25/11/2011 Chronology (Appellant)

19/12/2011 Written submissions (Respondent)

28/02/2012 Hearing (Full Court, Canberra)

15/08/2012 Judgment  (Judgment summary)

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