Full Court Minute Books

Case B20/2017

Koani v. The Queen

Case No.


Case Information

Lower Court Judgment

11/11/2016 Supreme Court of Queensland (Court of Appeal) (McMurdo P, Gotterson JA, Atkinson J)

[2016] QCA 289


Criminal law – Murder – Criminal negligence – Criminal Code 1899 (Qld) ss 289 and 23(1)(a) – Where appellant convicted of murder of de facto partner – Where there was evidence that would allow jury to conclude it was reasonably possible that appellant intended only to frighten deceased – Where trial judge directed jury that, if not satisfied discharge of gun resulted from willed act of appellant, jury could still convict for murder if discharge was consequence of omission to perform duty under s 289 to use reasonable care in his control of shotgun and at time of discharge appellant intended to kill victim or cause grievous bodily harm – Whether criminal negligence in breach of s 289 can found a conviction for murder.

Short particulars


06/04/2017 Hearing (SLA, Canberra)

20/04/2017 Notice of appeal

11/05/2017 Written submissions (Appellant)

11/05/2017 Chronology (Appellant)

01/06/2017 Written submissions (Respondent)

15/06/2017 Reply

17/08/2017 Hearing (Full Court, Brisbane)

18/10/2017 Judgment (Judgment summary)

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