High Court of Australia

Eastman v The Queen [2000] HCA 29

203 CLR 1; 74 ALJR 915; 172 ALR 39

25 May 2000

Case Number: C5/1997


Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne, Callinan JJ


Constitutional Law (Cth) – Appellate jurisdiction of High Court - Appeal from a federal court - Whether High Court has power to receive new evidence in an appeal from a federal court - Whether power to receive new evidence is different in appeals from federal and state courts.

Constitutional Law (Cth) – Interpretation - Relevance of historical background to Constitution.

Appeals – New evidence - Whether admissible on appeal to High Court.

Criminal Law and Practice – Fitness to plead - Issue not raised at trial - Whether material before appeal court suggested issue of fitness to plead at trial - Whether appeal court under a duty to investigate whether an accused was fit to plead at trial - Whether fundamental failure of trial process.

Words and phrases – "appellate jurisdiction" - "appeal" - "fresh evidence" - "fitness to plead".

Constitution – s 73.

Mental Health (Treatment and Care) Act 1994 (ACT) – s 68.

Crimes Act 1900 (ACT) – s 428E.

Federal Court of Australia Act 1976 (Cth) – s 24.


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