Federal Court of Australia
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(O7/ eR
CATCHWORDS
Criminal Law - direction to jury - murder - murder by recklessness - failure to direct that provocation relevant to murder by recklessness ~ consequences - provocation - whether misdirection on onus of
establishing provocation
CATHLEEN MARY CUFLEY v. THE QUEEN
No. NT G19 of 1982
CORAM: Toohey, Lockhart & Jenkinson JJ.
Darwin
3 June 1983
IN THE FEDERAL COURT OF AUSTRALIA NORTHERN TERRITORY DISTRICT REGISTRY GENERAL DIVISION
No. NT G19 of 1982
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ON APPEAL FROM THE SUPREME COURT OF THE NORTHERN T&RRITORY OF AUSTRALIA
No. 86 of 1982
BETWEEN:
CATHLEEN MARY CUFLEY
Appellant '
and THE QUEEN Respondent ORDER
JUDGES MAKING ORDER : Toohey, Lockhart & Jenkinson JJ. DATE OF ORDER >. 3 June 1983 WHERE MADE : Darwin THE COURT ORDERS THAT: 1. The verdict and the conviction of the appellant
pronounced and recorded 9 February 1983 on a charge that she did murder Eric Hyams be set aside. 2. There be a new trial of-the appellant upon the indictment that on or about 8 January 1982 at Darwin in the Northern Territory of Australia she did
murder Eric Hyams.
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The appellant be remanded in her present custody to appear before the Supreme Court of the Northern Territory upon her retrial unless in that court proceedings upon the indictment are otherwise
terminated.
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IN THE FEDERAL COURT OF AUSTRALIA NORTHERN TERRITORY DISTRICT REGISTRY GENERAL DIVISION
No. NT G19 of 1982
wesw ww
ON APPEAL FROM THE SUPREME COURT OF THE NORTHERN TERRITORY
OF AUSTRALIA
No. 86 of 1982
BETWEEN
CATHLEEN MARY CUFLEY Appellant
and
THE QUEEN
Respondent
hd °
CORAM: Tcohey, Lockhart & Jenkinson JJ.
3 June 1983
REASONS FOR JUDGMENT
TOOHEY J.
The appellant was convicted of murdering Eric Hyams and, in accordance with the requirements of the Criminal Law Consolidation Act, was sentenced to imprisonment with hard labour for life. She appeals against that conviction.
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