Lang v The Queen

HIGH COURT OF AUSTRALIAKIEFEL CJ,GAGELER, GORDON, EDELMAN AND JAGOT JJTHOMAS CHRIS LANG  APPELLANTANDTHE QUEEN  RESPONDENTLang v The Queen[2023] HCA 29Date of Hearing: 12 May 2023Date of Judgment: 11 October 2023B57/2022ORDERAppeal dismissed.On appeal from the Supreme Court of QueenslandRepresentationR M O'Gorman KC with D M Caruana for the appellant (instructed by Fisher Dore Lawyers)G J Cummings with N W Crane for the respondent (instructed by Office of the Director of Public Prosecutions (QLD))Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSLang v The Queen Criminal Practice – Appeal – Unreasonable verdict – Independent assessment of evidence – Where appellant charged with and convicted of murder – Where appellant appealed conviction on ground that verdict unreasonable or could not be supported having regard to whole of evidence – Where deceased's injuries were either self‑inflicted or caused by appellant – Where only hypothesis consistent with appellant's innocence was deceased's injuries were self‑inflicted – Whether reasonable possibility upon whole of evidence that deceased died by suicide.Evidence – Criminal trial – Admissibility – Expert opinion evidence – Where opinion evidence adduced from forensic pathologist that injuries occasioning death more likely inflicted by another person than self‑inflicted – Whether opinion based on expert knowledge – Whether wrong decision of question of law to admit evidence.Words and phrases – "admissibility", "body of knowledge or experience", "expert evidence", "inadmissible", "independent assessment of the evidence", "miscarriage of justice", "opinion", "specialised knowledge", "training, study or experience", "unreasonable...