Federal Court of Australia
CATCHWORDS CRIMINAL LAW - Appeal against conviction for manslaughter on charge ot murder - case based on circumstantial evidence - whether sufficient evidence to go to jury - whether verdict
unsafe or unsatisfactory - whether misdirection by trial judge as to evidence of killing - sutticiency of direction as to mental
element tor manslaughter considered - necessity to read
summing-up as a whole,
EVIDENCE - admissibility of statements by deceased person as to
fear of accused.
Barca v. The Queen (1475) 133 C.i.R. 82 cons.
Chamberlain v. The Yueen (No.z) «(ly8B4) 153 C.L.R. 521 rer d to Pemble v. The Queen (ly71l) 124 C.L.R. Lo? ret d to
Req. v. Plomp (1903) 110 C.L.R. 234 rer d to
Req. v7. Longley C19024 V.R. 137 rer'd to
Req. v. szach (198u) 23 S.A.S.R. Sud ret d to
Reg. v. Hendrie 'L985) 37 S.A.5.R. 581 ret'd to Peg. v. berry (No.2) (1y81) 248 S.A.S.R. 95 ret d to
MARK ALEXANDER PAVIC v. THE WUREN No. ACT G 7% of 1985
Coram: Fox, Toohey & Spender JJ. 18 March 1986
Canberra
SY RECEIVED ie
C1 PEOERAL COURT OF AUSTRALIA
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
No. ACT G 79 of 1985 DISTRICT REGISTRY
wee eee wn
GENERAL DIVISION
ON APPEAL from the Supreme Court of the Austrailan Capital Territory
BETWEEN :
MARK ALEXANDER PAVIC
Appellant AND: THE QUEEN
Respondent
MINUTE OF YRDER
JUDGES MAKING ORDER: Fox, Toohey & Spender JJ. DATE OF ORDER: 18 March 1986 WHERE, MADE: Canberra.
THE COURT ORDERS THAT:
i. The appeal be dismissed.
Note: Settlement and entry of orders 1s dealt with in Order 30 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY
DISTRICT REGISTRY
) ) ) ) No. ACT G 79 of 1985 ) ) )
GENERAL DIVISION
ON APPEAL from the Supreme Court of the Australian Capital Territory
BETWEEN : MARK ALEXANDER PAVIC
Appellant AND: THE QUEEN
Respondent
CORAM: FOX, TOUHEY AND SPENDER JJ. Hy tl
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