R v Deemal-Hall, Darkan & McIvor

[2005] QCA 206

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Murder
3. › Common purpose
4. › Combined operation of s 8 and s 302(1)(b) Criminal Code 1899 (Qld)
5. › Whether common purpose to assault encompasses life-threatening acts
6. › Whether direction required jury to be satisfied of intention to do grievous bodily harm
7. › Criminal Code 1899 (Qld), ss 8, 302(1)(a), 302(1)(b)
1. Criminal Law
2. › Murder
3. › Common purpose
4. › Meaning of 'probable consequence' in s 8 Criminal Code 1899 (Qld)
5. › Whether 'probable consequence' means 'substantial risk' or 'real chance' or 'real possibility'
6. › Whether 'probable' requires proof of more likely than not
7. › Criminal Code 1899 (Qld), ss 8, 9
1. Criminal Law
2. › Appeal and new trial
3. › Separate trials
4. › Joint trial of co-accused
5. › Whether evidence capable of being intelligibly dissected for jury
6. › Whether directions sufficient to prevent prejudice from co-accused's records of interview and cut-throat defences
7. › Criminal Code 1899 (Qld), s 597B
1. Criminal Law
2. › Appeal and new trial
3. › Unreasonable verdict
4. › Murder by common purpose
5. › Whether plan to give deceased 'a touch up' could support finding of intention to cause grievous bodily harm
6. › Whether colloquial expression limited scope of common purpose

Quick Take

For the purposes of s 8 of the Criminal Code 1899 (Qld), 'probable consequence' means a 'substantial risk' or 'real chance' or 'real possibility' — not 'more likely than not'. The combined operation of s 8 and s 302(1)(b) requires that the common purpose encompass the doing of life-threatening acts; a common purpose involving no more than a simple assault together with life-threatening conduct from one assailant does not suffice for murder under s 302(1)(b). Prosecutors should prefer reliance on s 302(1)(a) and s 7 over s 302(1)(b) and s 8 where both paths are available.