Where the defence case is that no act was committed (i.e., no punch was delivered), the defence of accident under s 23(1)(a) or s 23(1)(b) of the Criminal Code (Qld) is not fairly raised on the evidence and need not be left to the jury. The hypothesis that a broken jaw caused by a punch was an 'accident' is fanciful given the obvious foreseeability of that consequence. Griffiths (1994) 69 ALJR 77 is distinguishable where there is direct evidence of the circumstances of the injury (as opposed to no evidence of the circumstances of a shooting).
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