Gilbert v The Queen

[2000] HCA 15
Judgment date
Case number
B47/1999
Before
Gleeson CJ, McHugh, Gummow, Hayne, Callinan JJ
Catchwords

Criminal law – Murder - Appeal against conviction - Misdirection by trial judge - Failure to leave manslaughter to jury - Whether jury properly instructed would necessarily have returned verdict of guilty of murder - Whether no substantial miscarriage of justice actually occurred - Whether failure to leave manslaughter to jury constitutes substantial miscarriage of justice where jury's verdict of guilty of murder consistent only with satisfaction of elements of offence of murder.

Criminal Code (Q) – ss 7(1), 8, 668E(1), 668E(1A).

Files
15.rtf (69.3 KB)
15.pdf (115.94 KB)