Harwood v The Queen

[2002] HCA 20
Judgment date
Case number
B49/2001
Before
Gleeson CJ, Gaudron, McHugh, Hayne, Callinan JJ
Catchwords

Criminal Law – Homicide – Unlawful killing – Appellant and co-accused engaged in armed robbery – Co-accused shot and killed victim – Appellant and co-accused tried jointly – Whether common intention to prosecute an unlawful purpose – Whether, if co-accused convicted of murder, appellant could be convicted of manslaughter.

Criminal Law – Directions to the jury – Failure to direct the jury to possibility, if co-accused convicted of murder, of finding appellant guilty of manslaughter – Whether absence of direction gave rise to a miscarriage of justice.

Criminal Code (Q) – ss 8, 289, 291, 293, 300, 302, 303.

Files
20.rtf (29.21 KB)
20.pdf (39.58 KB)