Irwin v. The Queen
Case No.
B48/2017
Case Information
Lower Court Judgment
3/02/2017 Supreme Court of Queensland (Court of Appeal) (M McMurdo P, Gotterson JA, Mullins J)
Catchwords
Criminal law – Criminal Code 1899 (Qld) s 23(1)(b) – Where appellant convicted of causing grievous bodily harm – Where appellant gave evidence of pushing complainant – Where Court of Appeal held complainant’s evidence could not rationally be accepted but dismissed appeal on basis it was open to jury to conclude ordinary person “could” reasonably have foreseen possibility of broken hip as result of push – Whether Court of Appeal erred in application of test under s 23(1)(b) by substituting “could” for “would” – Whether Court of Appeal erred in failing to find verdict unreasonable.
Documents
18/08/2017 Hearing (SLA, Brisbane)
30/08/2017 Notice of appeal
22/09/2017 Written submissions (Appellant)
22/09/2017 Chronology (Appellant)
13/10/2017 Written submissions (Respondent)
27/10/2017 Reply
06/12/2017 Hearing (Full Court, Canberra) (Audio-visual recording)
14/03/2018 Judgment (Judgment summary)