Federal Court of Australia
JUDGMENT No. Soufe2.
CATCHWORDS
CRIMINAL LAW - murder - victim strangled by accused - whether open to jury to conclude atcused intended to inflict grievous bodily harm on victim - sentence.
CRIMINAL LAW - juries - retirement to consider verdict - recall
and direction by trial judge - whether risk of distortion of verdict.
STATUTES - interpretation - Australian Capital Territory - accused charged under provision of N.S.W. Act made applicable by A.C.T. Ordinance ~ Whether inconsistent with Commonwealth
provision - whether Commonwealth provision covering the field.
Juries Ordinance 1967 (A.C.T.), 5.38 Crimes Act 1900 (N.S.W.)} in its application to the A.C.T., s.349 Crimes Act 1914 (Cth.), ss.6, 11(1), LI(1A).
STEPHEN EDMUND WEATHERALL v. THE QUEEN
No. ACT G23 of 1987 THE QUEEN v. ANTHONY JOHN HAGEN No, ACT G24 of 1987
CORAM: FOX, FORSTER AND MILES JJ.
DATE: 17 SEPTEMBER 1987 CANBERRA
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IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY NO. ACT G23 OF 1987
DISTRICT REGISTRY
GENERAL DIVISTON
ON APPEAL from the Supreme Court of the Australian Capital Territory
BETWEEN : STEPHEN EDMUND WEATHERALL
Appellant AND: THE QUEEN Respondent MINUTE OF ORDER JUDGES MAKING ORDER: FOX, FORSTER AND MILES JJ. DATE OF ORDER: 17 SEPTEMBER 1987 WHERE MADE: CANBERRA
THE COURT ORDERS THAT:
1. The appeal be dismissed.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY NO. ACT G24 OF 1987
DISTRICT REGISTRY
GENERAL DIVISION
ON APPEAL from the Supreme Court of the Australian Capital Territory
BETWEEN : THE QUEEN
Appellant AND:
ANTHONY JOHN HAGEN
Respondent
BETWEEN : ANTHONY JOHN HAGEN
Cross-Appellant AND:
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