Ali v The Queen
Court of Appeal
T Forrest, Emerton and Walker JJA
10/03/2022
[2022] VSCA 31
Criminal law — Appeal against conviction — Application for leave to appeal filed out of time — Length and explanation of delay — Prospect of appeal success — Public interest in finality of proceedings — Public interest in accused not being subjected to wrongful conviction — Whether substantial miscarriage of justice — Criminal Procedure Act 2009 (Vic), s 276
Evidence — Identity of offender — DNA evidence — Whether ‘prosecutor’s fallacy’ — Description of offender — Whether evidentiary foundation for evidence of ‘unconscious transference’ — Whether evidence unfair or irrelevant — Whether substantial miscarriage of justice — Evidence Act 2008 (Vic), s 137
Read the judgment here.