Irwin v. The Queen

Lower Court Judgment

3/02/2017 Supreme Court of Queensland (Court of Appeal) (M McMurdo P, Gotterson JA, Mullins J)

[2017] QCA 2

Catchwords

Criminal law – Criminal Code 1899 (Qld) s 23(1)(b) – Where appellant convicted of causing grievous bodily harm – Where appellant gave evidence of pushing complainant – Where Court of Appeal held complainant’s evidence could not rationally be accepted but dismissed appeal on basis it was open to jury to conclude ordinary person “could” reasonably have foreseen possibility of broken hip as result of push – Whether Court of Appeal erred in application of test under s 23(1)(b) by substituting “could” for “would” – Whether Court of Appeal erred in failing to find verdict unreasonable.

Short particulars