Melbourne v The Queen (1999) 198 CLR 1

Facts: Defendant (D) was charged with murder. D claimed diminished responsibility on the basis of mental infirmary at time of offence to downgrade it to manslaughter. He raised good character evidence (an account of a psychologist saying he was a ‘quiet’ and ‘not a violent man’). The trial judge (TJ) directed the jury to use good character evidence to assess commission/availability of the defence, but did not make a direction as to the use of character evidence to assess D’s credibility. D was convicted and appealed.

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