High Court of Australia

Baiada Poultry Pty Ltd v The Queen [2012] HCA 14

246 CLR 92; 86 ALJR 459; 286 ALR 421

30 Mar 2012

Case Number: M126/2011

Before

French CJ, Gummow, Hayne, Heydon, Crennan JJ

Catchwords

Criminal law – Appeal - Jury misdirection - Application of "proviso" - Appellant convicted of offence under Occupational Health and Safety Act 2004 (Vic) - Trial judge failed to direct jury that prosecution had to prove beyond reasonable doubt particular element of offence in issue - Whether appellate court able to conclude that no substantial miscarriage of justice occurred - Whether judicial "discretion" in applying proviso.

Words and phrases – "proviso", "substantial miscarriage of justice".

Crimes Act 1958 (Vic) – s 568(1).

Occupational Health and Safety Act 2004 (Vic) – s 21.

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