Recent Cases

Fennell v The Queen [2019] HCA 37 (06 November 2019) (Kiefel CJ, Keane, Nettle, Gordon and Edelman JJ)


Criminal law – Murder – Appeal – Appeal against conviction – Where appellant convicted by jury ­– Where Crown case based entirely on circumstantial evidence – Where circumstantial evidence related to opportunity and motive and miscellany of other inculpatory matters – Where evidence of opportunity and motive extremely weak – Where evidence connecting accused to alleged murder weapon based on glaringly improbable identification evidence – Whether verdict unreasonable or cannot be supported having regard to evidence.

Words and phrases – “basis for an inference”, “circumstantial case”, “contamination of recollection”, “credibility and reliability”, “glaringly improbable”, “identification evidence”, “identification of object”, “motive”, “murder weapon”, “opportunity”, “unreasonable verdict”.