Simpson v The Queen

[1998] HCA 46
Judgment date
Case number
H5/1997
Before
Gaudron, McHugh, Kirby, Hayne, Callinan JJ
Catchwords

Criminal law - Murder - Whether accused "ought to have known" that his unlawful act was likely to cause death - Whether sufficient evidence tendered of state of knowledge of accused - Inferential proof of accused's knowledge.

Whether judge failed to give direction in accordance with Boughey v The Queen (1986) 161 CLR 10 - Whether miscarriage of justice.

Words and phrases - "knew or ought to have known".

Criminal Code Act 1924 (Tas), s 157(1)(c).