Category: Offence Against the Person
-
In the matter of R v Lovell; Ex parte Attorney-General (Qld) [2015] QCA 136, the Court of Appeal considered whether a disfigurement subsequently medically repaired is capable of amounting to ‘serious disfigurement’ under the definition of grievous bodily harm.
-
In Carter v Attorney-General (No 2) [2014] 1 Qd R 111, the appellant, a heroin user, aided the deaths of two persons who expressed a wish to die. The Court of Appeal considered whether s 311 (aiding suicide) was a complete code, and whether killing someone with intention to kill even though that person expressed…
-
In R v Morris [2010] QCA 315, the Court of Appeal considered whether the applicant’s sentence for unlawful stalking for posting defamatory notices—implicating the complainant as a murderer, was excessive.
-
In R v Reid [2007] 1 Qd R 64, the appellant appealed their conviction of unlawfully transmitting a serious disease (HIV) with intent to do so, contrary to s 317(b) of the Criminal Code (Qld). The appeal focused on the meaning of intent.
-
In R v Willmot (No 2) [1985] 2 Qd R 41, the Queensland Court of Criminal Appeal considered whether the jury were misdirected on the element of intent in a murder conviction under s 302(1) of the Criminal Code Act 1899 (Qld).
-
In R v Falconer (1990) 171 CLR 30, the High Court determined that evidence for a sane automatism defence was improperly excluded at trial, allowing Falconer’s appeal for the wilful murder conviction of her husband.
-
In Stuart v The Queen (1974) 134 CLR 426, the High Court considered constructive murder (also known as felony murder), clarifying that conviction requires proof of an unlawful act endangering life, not intent to kill, leading to the refusal of Stuart’s application.
-
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.
