High Court of Australia
Appl Appl ADR Ref to JdfrovR "SruihvR NEN Aragons vR Williams vk z (YS) Task (1984 Tas Kener sss SEE ie (eas Geir 2002) 133 190 HIGH COURT [1937.
{HIGH COURT OF AUSTRALIA.]
PACKETT 2 A ' : : 3 ji . APPLICANT;
AND
THE KING . fs 2 Fi 3 x : . ResponpENT.
ON APPEAL FROM THE COURT OF CRIMINAL APPEAL OF
'TASMANIA,
H.C. or A. Criminal Law—Indictment—Two counts of murder—Validity—Murder—Manslaughter 1937. Self-defence—Provocation—Criminal Code (Tas.) (14 Geo. V. No. 69), sec. 311 ae (2), (3).
SYDNEY, : ploe 'Aug. 26, 27 ; High Court—Special leave to appeal—Criminal cases—Discretion of court.
pees S Sec. 311 of the Criminal Code ('Tas.) provides :—''(2) Except as provided Jattam cs. in sub-section 3 hereof, charges of more than one crime may be joined in the wyatt and , same indictment if those charges are founded on the same facts, or are, or
Tiernan JJ.
form part of, a series of crimes of the same or a similar character. In any other case an indictment shall change one crime only. (3) No indictment for murder shall contain a charge for any other crime."
Held, by Latham C.J., Dizon, Bvatt and McTiernan JJ. (Starke J. dissenting), that under sub-secs, 2 and 3 of sec. 311, although an indictment for murder must be confined to charges of murder, it may properly include several charges of murder if the murders charged are founded on the same facts or are, or form part of, a series of crimes,
Per Evatt J.: The fact that, if special leave to appeal were given in a criminal matter, the court is of opinion that the appeal would be allowed is not in itself sufficient to justify the granting of special leave to appeal.
What constitutes a defence to a charge of murder on the ground of self- defence, and what amounts to provocation to reduce the crime to manslaughter, considered.
Special leave to appeal from the Court of Criminal Appeal of Tasmania refused.
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