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Judgment date
Case number
P61/2001
Before
Gaudron, Gummow, Kirby, Hayne, Callinan JJ
Catchwords
Criminal law – Homicide - Unlawful killing - Murder - Deceased died from knife wound to chest - Whether stabbing was an unwilled act - Whether trial judge erred in failing to direct jury about unwilled acts - Whether trial judge's failure to direct jury gave rise to a substantial miscarriage of justice so that a new trial should be ordered - Whether "event" arguably occurred "by accident".
Words and phrases – "accident" - "act" - "event" - "unwilled act".
The Criminal Code (WA) – s 23.