Gillard v The Queen

[2003] HCA 64
Judgment date
Case number
A200/2002
Before
Gleeson CJ, Gummow, Kirby, Hayne, Callinan JJ
Catchwords

Criminal law – Murder – Joint criminal enterprise – 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 failure to leave manslaughter to jury occasioned substantial miscarriage of justice.

Criminal Law Consolidation Act 1935 (SA) – s 353(1).

Files
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64.pdf (157.15 KB)