Coughlan v The Queen [2020] HCA 15

HIGH COURT OF AUSTRALIA

KIEFEL CJ, BELL, GAGELER, KEANE AND EDELMAN JJ

EAMONN CHARLES COUGHLAN APPELLANT

AND

THE QUEEN RESPONDENT

Coughlan v The Queen [2020] HCA 15 Date of Hearing: 12 February 2020 Date of Order: 12 February 2020 Date of Publication of Reasons: 24 April 2020 B60/2019

ORDER

1. The appeal be allowed.

2. Set aside the order of the Court of Appeal of the Supreme Court of Queensland made on 16 April 2019 and, in its place, order that:

(a) the appeal be allowed;

(b) the appellant's convictions for arson and attempted fraud be quashed; and

(c) verdicts of acquittal be entered on each count.

On appeal from the Supreme Court of Queensland

Representation

S J Keim SC with M N B Thomas and D M Wells for the appellant (instructed by Craven Lawyers)

C W Heaton QC with M J Hynes for the respondent (instructed by Director of Public Prosecutions (Qld))

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

CATCHWORDS

Coughlan v The Queen

Criminal law – Arson and attempted fraud – Appeal against conviction – Where prosecution case based on circumstantial evidence – Where appellant's house destroyed by explosion and resulting fire – Where appellant present at and seen running away from scene – Where appellant gave version of events to police consistent with innocence – Where appellant made insurance claim on house and contents in connection with fire – Where no apparent financial motive to commit offences – Where expert evidence that explosion caused by build-up of gaseous vapours – Where petrol residues found on appellant's clothes – Where no evidence of petrol residues in house – Whether open to jury to be satisfied of appellant's guilt beyond reasonable doubt – Whether prosecution excluded reasonable possibility that explosion caused by build-up of gas ignited by electrical fire.