Filippou v. The Queen
Case No.
S59/2015
Case Information
Lower Court Judgment
2/05/2013 Supreme Court of New South Wales (Court of Criminal Appeal) (McClellan JA, Fullerton J, S Campbell J)
Catchwords
Criminal law – Appeal against conviction and sentence – s 23 Crimes Act 1900 (NSW) – Where the appellant was convicted of murder by a judge sitting alone – Where it was not determined beyond reasonable doubt whether the appellant or one of the deceased brought the murder weapon to the scene – Whether the judge at first instance erred in the application of the test of provocation – Whether as a consequence of this error the Court of Criminal Appeal should have held this to be an error of law requiring the convictions to be quashed – Whether the Court of Criminal Appeal erred in failing to take into account matters mitigating the sentence imposed in respect of the fact that it was not reasonably possible to conclude who brought the murder weapon to the scene.
Documents
13/03/2015 Hearing (SLA, Sydney)
27/03/2015 Notice of appeal
08/04/2015 Written submissions (Appellant)
08/04/2015 Chronology (Appellant)
22/04/2015 Written submissions (Respondent)
29/04/2015 Reply
12/05/2015 Hearing (Full Court, Canberra) (Audio-visual recording)
12/08/2015 Judgment (Judgment summary)