Category: High Court of Australia
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In Pearce v The Queen (1998) CLR 610, the defendant was indicted on two charges from a single incident. The High Court held there was no double prosecution, as each offence required proof of a different essential element, but the trial judge erred in sentencing.
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In Kaporonovski v The Queen (1973) 133 CLR 209, the High Court upheld the Queensland Criminal Court of Appeal’s decision that the provocation defence under s 269 did not apply to s 320 (grievous bodily harm) of the Criminal Code (Qld).
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In Royall v The Queen (1991) 172 CLR 378, the High Court upheld Royall’s murder conviction. Royall’s actions were the “substantial or significant cause” of the victim’s response of jumping to her death, maintaining the chain of causation.
