R v Barlow [1997] HCA 19

High Court of Australia Brennan CJ Dawson, Toohey, McHugh and Kirby JJ R v Barlow [1997] HCA 19

ORDER

1. Appeal allowed.

2. Set aside the order of the Court of Appeal of Queensland and in lieu thereof dismiss the appeal to that Court.

3. Remit the matter to the Court of Appeal of Queensland for the determination of any further orders which may be required.

Cur adv vult

The following written judgments were delivered:—

3 June 1997 Brennan CJ, Dawson and Toohey JJ.

The respondent and five other persons were charged on indictment before the Supreme Court of Queensland with the murder of Bart Hans Vosmaer. Two of the accused pleaded guilty and were sentenced to life imprisonment. The jury convicted Barlow's other three co-accused of murder. Barlow was acquitted of murder and found guilty of manslaughter.

Vosmaer died as the result of injuries inflicted upon him in a prison gymnasium by Barlow's co-accused who were all, at that time, prisoners at the Sir David Longland Correctional Centre. The case against Barlow was based on circumstantial evidence which, in the submission of the prosecution, established that Barlow was party to a common plan to kill Vosmaer. The prosecution relied, inter alia, on ss 7 and 8 of the Criminal Code Q [1] (the Code) to sheet home liability to Barlow. Those sections read as follows:

7. When an offence is committed, each of the following persons is deemed to have taken part in committing the offence and to be guilty of the offence, and may be charged with actually committing it, that is to say —

(a) Every person who actually does the act or makes the omission which constitutes the offence;

(b) Every person who does or omits to do any act for the purpose of enabling or aiding another person to commit the offence;

(c) Every person who aids another person in committing the offence;