Full Court Minute Books

Case A32/2012

Sem v. The Queen

Case No.


Related matters:

A30/2012 – Huynh v. The Queen

A31/2012 – Duong v. The Queen

Case Information

Lower Court Judgment

31/08/2011 Supreme Court of South Australia (Court of Criminal Appeal) (Doyle CJ, Vanstone J, Peek J)

[2011] SASCFC 100


Criminal law – Appeal – Jury misdirection – Applicant and co-accused convicted of murder after trial before jury – Trial judge provided written directions on request from jury – Trial judge’s directions omitted element of joint enterprise liability and failed to apply substituted legal directions to the evidence against the applicant – Whether appellate court able to conclude no substantial miscarriage of justice.

Short Particulars


02/10/2012 Application for special leave to appeal

17/10/2012 Hearing (Single Justice, Canberra by v/link to Adelaide)

02/11/2012 Written submissions (Applicant)

02/11/2012 Chronology

15/11/2012 Written submissions (Respondent)

28/11/2012 Reply

05/12/2012 Hearing (Full Court, Canberra)

06/12/2012 Hearing (Full Court, Canberra)

13/03/2013 Judgment  (Judgment summary)