R v Crabbe [1985] HCA 22

High Court of Australia Gibbs C.J. Wilson, Brennan, Deane and Dawson JJ. R v Crabbe [1985] HCA 22

ORDER Application for special leave to appeal allowed. Appeal dismissed with costs.

Cur. adv. vult.

The Court delivered the following written judgment: —

March 26 Gibbs C.J., Wilson, Brennan, Deane and Dawson JJ.

This is an application by the Crown for special leave to appeal from a decision of the Full Court of the Federal Court which, by a majority, quashed the conviction of the respondent on five counts of murder and ordered a new trial.

The alleged offences occurred in the early hours of the morning of 18 August 1983 in a motel near Ayers Rock. The respondent had driven a road train, consisting of a prime mover and three trailers, to Ayers Rock on 17 August. He there uncoupled one trailer and went about his work of delivering, loading and unloading. Later during the evening, after he had consumed a substantial amount of alcohol, he visited the Inland Motel and drank in a crowded bar. His behaviour in the bar caused nuisance and annoyance and he was physically ejected from the bar. In the early hours of the morning following this incident he returned to the motel at the controls of his prime mover, to which one trailer was now attached. He drove the vehicle through the wall and into the bar; as a result five persons died and many were injured. The respondent did nothing to assist the injured but left the motel. He was apprehended on the following day.

The respondent was tried by the learned Chief Justice of the Northern Territory and a jury. After a summing up to which no objection was or could have been taken, the jury retired but shortly afterwards was recalled by the learned Chief Justice who, at the request of the Crown Prosecutor, gave a short redirection which included the following passage: