Amoe v Director of Public Prosecutions (Nauru) [1991] HCA 46

High Court of Australia Deane, Gaudron and McHugh JJ Amoe v Director of Public Prosecutions (Nauru) [1991] HCA 46

ORDER Appeal dismissed

Cur adv vult

3 December 1991 Deane, Gaudron and McHugh JJ

THE COURT. Francis Amoe was convicted of murder by Donne CJ, sitting without a jury, in the Supreme Court of Nauru. The learned judge found that the appellant, intending to cause harm to the deceased, had shot him in the stomach with a spear fired from a speargun. Pursuant to the provisions of the Nauru (High Court Appeals) Act 1976 Cth, the appellant appeals to this Court on four grounds: (1) that the trial judge erred in permitting the appellant to be cross-examined as to his bad character and previous convictions; (2) that he erred in failing to consider whether the appellant was guilty of manslaughter by criminal negligence; (3) that he erred in failing to consider whether the offence of murder should be reduced to manslaughter by reason of provocation; and (4) that the conviction was unsafe and unsatisfactory.

The principal findings of the trial judge

The trial judge found that about daybreak on Sunday, 14 January 1990, after a night of heavy drinking, the appellant went with two other young men and a young woman to a park where they continued to drink. Some time between 7 am and 8 am the deceased and a group of six other males arrived at the park. Beer was consumed by both groups. During this period, the two young men in the appellant's group commenced to fight each other. The deceased wanted to stop the fight, but the appellant thought that it should be allowed to continue. When the deceased sought to intervene in the fight, the appellant stopped him. An argument between the appellant and the deceased ended with the deceased knocking the appellant down and throwing a beer can at him. The appellant received a badly bruised face. He was greatly incensed by the incident and went home shortly afterwards. The appellant left for home some time between 8 am and 9 am.