Where a killing is by shooting and the act of discharging the firearm involves a composite set of deliberate movements (loading, cocking, disengaging safety devices, presenting, and pulling the trigger), the first limb of s 23 (unwilled act) will not be raised by the evidence, even if the final trigger pull was reflexive. Deficient directions on the meaning of 'accident' under the second limb of s 23 may not cause a miscarriage of justice if the jury was properly directed on criminal negligence under s 266 and must have found criminal negligence established before considering intent. The question whether the accident defence under s 23 can arise where death is the direct and immediate result of the accused's act remains unresolved in Western Australia.
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