The Queen v Keenan

Criminal law – Criminal responsibility - Criminal Code (Q), s 8 provided that, where common intention to prosecute unlawful purpose, and in prosecution of such purpose offence committed of such a nature that commission was a probable consequence of prosecution of unlawful purpose, each person deemed to have committed offence - Meaning of "offence - of such a nature" - Whether "offence - of such a nature" limited to precise acts committed.

Criminal law – Criminal responsibility - Nature of connection between unlawful purpose and offence ultimately committed - Determination of unlawful purpose - Relevance of means by which offence committed - Whether purpose may be infliction of level of harm - "Probable consequence" as objective test - Distinction between offence of such a nature that commission was probable consequence of prosecution of unlawful purpose, and precise acts that parties to common intention foresaw might be committed.

Criminal law – Practice and procedure - Directions to jury - Directions required in connection with charge under s 8 - Identification of real question for jury - Relevance of R v Barlow (1997) 188 CLR 1 - Whether directions given gave rise to miscarriage of justice.

Criminal law – Practice and procedure - Directions to jury - Whether circumstances required direction that jury can only find, by inference, element of offence charged if no other inference favourable to accused reasonably open on facts - Standard of proof.

Criminal law – Practice and procedure - Directions to jury - Whether circumstances required that alternative charge of grievous bodily harm simpliciter be put to jury - Whether failure to put alternative charge to jury constituted miscarriage of justice.

Criminal law – Practice and procedure - Where alleged miscarriage arising from jury direction - Appropriate course on appeal - Whether Court of Appeal should have ordered new trial rather than entering verdict of acquittal.

Words and phrases – "common intention", "common purpose", "offence of such a nature", "probable consequence", "unlawful purpose".

Criminal Code (Q) – ss 2, 7, 8, 10A.