Federal Court of Australia
JUDGMENT No.7 68/82. CATCHWORDS CRIMINAL LAW - A.C.T. - murder - appeal against conviction - trial Judge not putting before jury hypothesis of fact not raised by defence - whether accused robbed of fair trial - proper direction to jury in relation to accused's belief that victim was already dead when fatal blows struck - whether trial Judge
misdirected jury on the meaning of "reckless indifference" in s.18(1)(a) Crimes Act 1900 (NSW) in its application to the A.C.T.
"CRIMINAL LAW - A.C.T. - murder - appeal against severity of sentence - cross-appeal against inadequacy of sentence ~- effect
of motive not being established.
Crimes Act 1900 (NSW) in its application to the A.C.T. ss.18, 19, R. v. Puddefoot, NSW C.C.A. 26.8.83, unreported Barca v. The Queen (1975) 133 C.L.R. 82
R. v. Crabbe (1985) 156 C.L.R. 464
Boughey v. R. (1986) 65 A.L.R. 609
Pemble v. The Queen (1971) 124 C.L.R. 107
La Fontaine v. The Queen (1976) 136 C.L.R. 62 Reg. v. Solomon (1980) 1 N.S.W.L.R. 321
Varley v. The Queen (1977) 51 A.L.J.R. 243
- Hopper (1915) 2 K.B. 431
. Wheeldon (1978) 18 A.L.R. 619, 19 A.C.T.R. 10 Burke (1983) 2 N.S.W.L.R. 93,
- Bell (1985) 2 N.S.W.L.R. 466
. Hagen (Full Federal Court, 17.9.87, unreported)
PEPER qdaaqde<
THE QUEEN v. ALFRED CHARLES BROWN ALFRED CHARLES BROWN v. THE QUEEN
No. ACT G12 of 1987 No. ACT G13 of 1987
CORAM: Fox, Pincus and Miles Jd.
A RECEIVED 28 JAK 1988 FEDERAL COURT OF
y AUSTRALIA "> PRINCIPAL
>, REGISTRY NN X@ , ~~ NO
18 December 1987
Canberra
wi
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY No. ACT G12 of 1987
DISTRICT REGISTRY No. ACT G13 of 1987
~wy~wr~rvrvyvwrwvy
GENERAL DIVISION
QN APPEAL from the Supreme Court of the Australian Capital Territory
BETWEEN:
THE QUEEN Appellant
AND:
ALFRED CHARLES BROWN Respondent
BETWEEN:
ALFRED CHARLES BROWN
Appellant AND: THE QUEEN Respondent MINUTE OF ORDER JUDGES MAKING ORDER: Fox, Pincus and Miles Jd. DATE OF ORDER: 18 December 1987 WHERE MADE: Canberra. THE COURT ORDERS THAT: 1. The appeal of A.C. Brown aqainst conviction and sentence be dismissed. 2. The Crown's appeal against sentence be allowed, the
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