Harwood v The Queen [2002] HCA 20

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GAUDRON, McHUGH, HAYNE AND CALLINAN JJ

TODD ANDREW HARWOOD APPELLANT

AND

THE QUEEN RESPONDENT

Harwood v The Queen

[2002] HCA 20

23 May 2002

B49/2001

ORDER

Appeal dismissed.

On appeal from the Supreme Court of Queensland

Representation:

A J Rafter for the appellant (instructed by Legal Aid Queensland)

L J Clare for the respondent (instructed by Director of Public Prosecutions (Queensland))

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Harwood v The Queen

Criminal Law – Homicide – Unlawful killing – Appellant and co-accused engaged in armed robbery – Co-accused shot and killed victim – Appellant and co-accused tried jointly – Whether common intention to prosecute an unlawful purpose – Whether, if co-accused convicted of murder, appellant could be convicted of manslaughter.

Criminal Law – Directions to the jury – Failure to direct the jury to possibility, if co-accused convicted of murder, of finding appellant guilty of manslaughter – Whether absence of direction gave rise to a miscarriage of justice.

Criminal Code (Q), ss 8, 289, 291, 293, 300, 302, 303.

1. GLEESON CJ, GAUDRON, McHUGH, HAYNE AND CALLINAN JJ. Following a trial in the Supreme Court of Queensland, the appellant, Todd Andrew Harwood, and a co-accused, Gary Hind, were convicted of the murder of Raymond Bowering. Both appealed unsuccessfully to the Court of Appeal. The appellant now appeals to this Court.

The facts

1. The deceased, Raymond Bowering, was shot dead outside the cafeteria at the Bundaberg coach terminal on 16 February 1994. The appellant and Hind had gone to the coach terminal to rob the cafeteria. Hind walked over to the deceased who was sitting in front of the cafeteria and told him to move. When he refused, Hind shot him at close range with a "cut down 22". 2. The appellant knew that Hind was armed, stating in a record of interview with investigating police that the rifle had been taken "as a sort of persuader". He also knew that there were shells in the car, but said he "didn't know there was one ... actually in the chamber".