The Queen v Keenan [2009] HCA 1

HIGH COURT OF AUSTRALIA

KIRBY, HAYNE, HEYDON, CRENNAN AND KIEFEL JJ

THE QUEEN APPELLANT

AND

FRANCIS ROBERT KEENAN RESPONDENT

The Queen v Keenan

[2009] HCA 1

2 February 2009

B23/2008

1. Appeal allowed.

2. Set aside the orders of the Court of Appeal of the Supreme Court of Queensland made on 11 December 2007 and, in their place, order that the appeal against conviction to that Court be dismissed.

3. Remit the matter to the Court of Appeal of the Supreme Court of Queensland to determine the application for leave to appeal against sentence.

On appeal from the Supreme Court of Queensland

Representation

W Sofronoff QC, Solicitor-General of the State of Queensland with R G Martin SC for the appellant (instructed by Director of Public Prosecutions (Qld))

B W Walker SC with A J Kimmins for the respondent (instructed by Potts Lawyers)

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

CATCHWORDS

The Queen v Keenan

Criminal law – Criminal responsibility – Criminal Code (Q), s 8 provided that, where common intention to prosecute unlawful purpose, and in prosecution of such purpose offence committed of such a nature that commission was a probable consequence of prosecution of unlawful purpose, each person deemed to have committed offence – Meaning of "offence … of such a nature" – Whether "offence … of such a nature" limited to precise acts committed.

Criminal law – Criminal responsibility – Nature of connection between unlawful purpose and offence ultimately committed – Determination of unlawful purpose – Relevance of means by which offence committed – Whether purpose may be infliction of level of harm – "Probable consequence" as objective test – Distinction between offence of such a nature that commission was probable consequence of prosecution of unlawful purpose, and precise acts that parties to common intention foresaw might be committed.