On 7 April 2020, the Judges of the High Court unanimously overturned a decision of the Supreme Court of Victoria in Pell v The Queen [2019] VSCA 186. The High Court decided to quash Cardinal Pell’s conviction finding that “there is a real possibility that an innocent man has been convicted”. In doing this, the Court invoked and expounded on the principle established in M v The Queen (1994) 181 CLR 487(“M”) also commonly known as the “M test”.
The principle established in M certifies that intermediate appellate courts as well as the High Court have the power to overturn jury verdicts that are unsafe or unsatisfactory. In determining this, the appellate Court must ask itself the question of whether “it thinks that upon the whole of the evidence it was open to the jury to be satisfied beyond reasonable doubt that the accused was guilty?”. This provides a safeguard against instances where juries return a guilty verdict that is perverse.
If you, a friend or someone in your family have been unreasonably found guilty of an offence by a jury, contact Aquinas More Lawyers to discuss what your options are in respect of any potential appeal.