Stevens v The Queen [2005] HCA 65

HIGH COURT OF AUSTRALIA

GLEESON CJ,

McHUGH, KIRBY, CALLINAN AND HEYDON JJ

LAURIE STEVENS APPELLANT

AND

THE QUEEN RESPONDENT

Stevens v The Queen

[2005] HCA 65

21 October 2005

B20/2005

ORDER

1. Appeal allowed.

2. Set aside Order 2 of the orders of the Court of Appeal of the Supreme Court of Queensland made on 6 April 2004 and, in place thereof, order that the conviction be quashed and that there be a new trial.

On appeal from the Supreme Court of Queensland

Representation:

B W Walker SC with N J Macgroarty for the appellant (instructed by Robertson O'Gorman)

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

Stevens v The Queen

Criminal law – Unlawful killing – Murder – Accident – Counsel for defence requested direction on defence of accident at trial – Whether trial judge erred in declining to direct jury on defence of accident – Whether defence of accident open on the evidence – Whether jury should have been instructed that appellant could not be convicted unless prosecution had satisfied jury beyond reasonable doubt that the operation of s 23 of the Criminal Code (Q) had been excluded – Relationship between defence of accident and murder – Whether defence of accident inconsistent with conviction of murder – Relationship between defence of accident and manslaughter.

Criminal law – Unlawful killing – Manslaughter – Case left to jury on basis that only available verdicts were guilty or not guilty of murder – Whether manslaughter should have been left to the jury – Whether manslaughter was open on the evidence.

Criminal law – Conviction – Whether substantial miscarriage of justice occurred as a result of trial judge's failure to give directions on accident.