Appeal on the basis that there was an Error of Law (Judge Error)
Judge error prevented proper issue being put to the jury eg. Willmot (No 2) (1985) 18 A Crim R 42; Buttigieg (1993) 69 A Crim R 21.
Examples: ruling certain evidence admissible when as a matter if law it should have been ruled inadmissible; misdirecting the jury on applicable onus or standard of proof; misdirecting the jury as to the elements of an offence; failing to leave a defence open on the evidence to the jury; failure to direct on alternative verdicts that are open on the indictment.
Examples: ruling certain evidence admissible when as a matter if law it should have been ruled inadmissible; misdirecting the jury on applicable onus or standard of proof; misdirecting the jury as to the elements of an offence; failing to leave a defence open on the evidence to the jury; failure to direct on alternative verdicts that are open on the indictment.