Nguyen v The Queen

[2013] HCA 32
Judgment date
Case number
M30/2013
Before
French CJ, Kiefel, Bell, Gageler, Keane JJ
Catchwords

Criminal law – Murder – Practice and procedure – Directions to jury – Available alternative charge – Whether position of appellant and co-accused sufficiently distinguishable to affect adequacy of directions to jury – Whether reasonably open to jury to return alternative verdict of manslaughter – Whether failure to leave alternative verdict to jury constituted wrong decision on question of law – Whether substantial miscarriage of justice occurred.

Words and phrases – "alternative verdict of manslaughter", "substantial miscarriage of justice".

Files
32.rtf (145.24 KB)
32.pdf (39.41 KB)