Criminal law – Homicide - Unlawful killing - Murder - Deceased died from gun shot wounds to chest - Whether shooting was an unwilled act or an event occurring by accident - What is "the act causing death" - Whether trial judge erred in failing to direct jury about unwilled acts - Whether it is for the jury to decide what is "the act causing death" - Whether trial judge's failure to direct jury gave rise to a substantial miscarriage of justice so that a new trial should be ordered.
Onus of proof – Whether the trial judge erred in directions to jury about onus of proof - Whether trial judge's direction to jury was apt to mislead the jury about the decision which was to be made.
Words and phrases – "act" - "event" - "accident".
The Criminal Code (Q) – s 23.
Judgment date
Case number
B11/2002
Before
Gaudron, Gummow, Kirby, Hayne, Callinan JJ
Catchwords