Presley v. Director of Public Prosecutions for the State of South Australia

Lower Court Judgment

28/04/2015 Supreme Court of South Australia (Court of Criminal Appeal) (Gray J, Sulan J, Blue J)

[2015] SASCFC 53

Catchwords

Criminal law – Criminal Law Consolidation Act 1935 (SA) ss 11, 24(1), 269 - Murder – Intention – Where appellant was convicted of one count of murder – Where appellant plead guilty to one count of aggravated causing of harm with intent to cause harm – Where appellant was convicted on the basis of joint criminal enterprise or extended joint criminal enterprise - Where appellant was highly intoxicated – Where evidence was given that this intoxication significantly impaired appellant’s decision-making – Whether appellant was too intoxicated to form the relevant intention for a conviction of murder.

Short particulars