Case A22/2015

Smith v. The Queen

Case No.


Related matters

A28/2015 Miller v. The Queen

A17/2015 Presley v. Director of Public Prosecutions for the State of South Australia

Case Information

Lower Court Judgment

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

[2015] SASCFC 53


Criminal law – Criminal Law Consolidation Act 1935 (SA) ss 11, 24(1), 269 - Murder – Intention – Where appellant was convicted of one count of murder and one count of aggravated causing of harm with two others – 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


16/10/2015 Application for special leave to appeal

12/02/2016 Hearing (SLA, Canberra v/link to Adelaide)

23/03/2016 Written submissions (Applicant)

23/03/2016 Chronology (Applicant)

13/04/2016 Written submissions (Respondent)

27/04/2016 Reply

10/05/2016 Hearing (Full Court, Canberra) (Audio-visual recording)

11/05/2016 Hearing (Full Court, Canberra) (Audio-visual recording)

24/08/2016 Judgment (Judgment summary)