A direction on self-defence under s 271(2) of the Criminal Code (Qld) that substitutes a test of whether 'a reasonable person would have believed' for the statutory test of whether the accused 'believes, on reasonable grounds' is erroneous, but may not result in a substantial miscarriage of justice where the Crown case is overwhelming. The proper construction of s 271(2) — specifically whether the 'necessary for defence' limitation is an independent third condition — remains unresolved, with conflicting authority in Allwood and Gray.
The full text is available to signed-in members, including the 13 later cases that cite this judgment.
3 of the 13 citing cases carry a classified treatment. How each court treated it is available to signed-in members.