Tag: murder
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In McDermott v The King (1948) 76 CLR 501, the High Court reaffirmed that voluntariness is the fundamental requirement for the admissibility of confessional evidence. The Court also confirmed that trial judges may exclude a confession where the circumstances in which it was obtained are unfair or improper. Additionally, the Court held that the English…
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In Pickering v The Queen [2017] HCA 17, the primary issue on appeal to the High Court was whether the trial judge erred by failing to leave s 31(1) defence to the jury, thereby resulting in a miscarriage of justice.
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In Armitage v Parole Board Queensland (2023) 17 QR 297, the Court of Appeal reviewed the Parole Board’s decision to issue a ‘no cooperation declaration’ for a ‘no body-no parole prisoner’, where the victim’s remains were likely destroyed by fire or animal predation. One of the key issues was the meaning of “remains”.
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In Carter v Attorney-General (No 2) [2014] 1 Qd R 111, the Court of Appeal examined the issues of whether section 311 (‘aiding suicide’) of the Criminal Code was a complete code, and whether killing with the intention to kill, where the person desired death, is murder?
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In this special case Cherry v Queensland [2025] HCA 141, the High Court was questioned on the constitutional validity of Queensland’s ‘no body-no parole’ law. The plaintiff relied on the Kable principle, arguing that ss 175L and 175E of the Corrective Services Act 2006 (Qld) invalid. The High Court determined s 175L of the Corrective…
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In R v Willmot (No 2) [1985] 2 Qd R 41, the 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).
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In R v Falconer (1990) 171 CLR 30, the High Court considered whether evidence for a sane automatism defence was improperly excluded at trial, and whether a ‘dissociative state’ caused by severe emotional stress (from domestic violence) could constitute non-insane automatism under the Criminal Code (WA), rendering the act involuntary and negating criminal responsibility if…
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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.
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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.