Stevens v The Queen

Criminal law – Unlawful killing – Murder – Accident – Counsel for defence requested direction on defence of accident at trial – Whether trial judge erred in declining to direct jury on defence of accident – Whether defence of accident open on the evidence – Whether jury should have been instructed that appellant could not be convicted unless prosecution had satisfied jury beyond reasonable doubt that the operation of s 23 of the Criminal Code (Q) had been excluded – Relationship between defence of accident and murder – Whether defence of accident inconsistent with conviction of murder – Relationship between defence of accident and manslaughter.

Criminal law – Unlawful killing – Manslaughter – Case left to jury on basis that only available verdicts were guilty or not guilty of murder – Whether manslaughter should have been left to the jury – Whether manslaughter was open on the evidence.

Criminal law – Conviction – Whether substantial miscarriage of justice occurred as a result of trial judge's failure to give directions on accident.

Statutes – Statutory construction – Criminal Code (Q).

Words and phrases – "accident", "event".

Criminal Code (Q) – ss 23, 24, 25, 289 and 668E(1A).