Royall v The Queen [1991] HCA 27

High Court of Australia Mason C.J. Brennan, Deane, Dawson, Toohey, Gaudron and McHugh JJ. Royall v The Queen [1991] HCA 27

ORDER Application for special leave to appeal granted except in relation to sentence. Appeal dismissed.

Cur. adv. vult.

The following written judgments were delivered:—

1991, June 25 Mason C.J.

This application for special leave to appeal raises a variety of questions, including important questions concerning the directions with respect to intent to be given by the trial judge to the jury on a trial for murder as defined by s. 18 of the Crimes Act 1900 N.S.W. ("the Act"). The application for special leave is brought from orders of the New South Wales Court of Criminal Appeal dismissing an appeal by the applicant from a conviction of murder and refusing leave to appeal against the sentence imposed upon him of imprisonment for life with no non-parole period. A short summary of the relevant facts will suffice as the reasons for judgment prepared by Deane and Dawson JJ. set out in detail the circumstances in which the offence is alleged to have taken place.

The deceased, Kelly Louise Healey, died in the early hours of 16 November 1986 when she fell from the bathroom window of the sixth floor flat in which she and the applicant had lived for the previous four months. How the deceased came to fall and just what part the applicant played in the events which precipitated the deceased's fall were central to the issues which the jury were called upon to determine at the trial.

The relationship between the applicant and the deceased in the days immediately preceding her death had been far from serene. There had been a serious quarrel between them which led to the deceased moving out of the flat and staying with a friend, Ms Boyd, for three days. She returned to the flat on the evening of 15 November and the applicant arrived home some hours later. A violent argument ensued. The applicant admitted to punching the deceased in the face, shaking her and pulling her hair. There was other evidence that pointed to a greater degree of violence, for there was blood in various parts of the flat apart from the bathroom. The deceased's body was naked when found in the street and her hair was wet. This, it was said, was consistent with the hypothesis that the deceased had undressed and taken a shower.