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Key decisions

  • Brawn v The King [2025] HCA 20
  • MDP v The King [2025] HCA 24
  • The King v Batak [2025] HCA 18

APPELLATE CRIMINAL LAW

Wrong decision on question of law – miscarriage of justice

The appeals of Brawn v The King [2025] HCA 20 (‘Brawn’) (7 May 2025) and MDP v The King [2025] HCA 24 (‘MDP’) (18 June 2025) were heard contiguously to resolve issues arising from the application of Weiss v R [2005] HCA 81.

MDP dealt principally with the ‘second limb’ of the ‘common form’ of criminal appeal, being an appeal against conviction on the basis of a wrong decision on a question of law (at [9]).

Brawn dealt principally with the ‘third limb’ of the common form of criminal appeal, being an appeal against conviction on the basis of a miscarriage of justice.

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