For offences under s 317 of the Criminal Code 1899 (Qld) involving attempt to strike with intent to do grievous bodily harm, the offence is established by proof of the attempt with the requisite intent, without reference to consequences. Directions on accident under s 23(1)(b) concerning 'events' are inapplicable to such offences and risk confusing the jury by introducing foreseeability concepts that are irrelevant to the specific intent required. Where the prosecution case on intent is necessarily circumstantial, the omission of a [name withheld] direction combined with misdirections on elements and accident may create a real risk of miscarriage of justice.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
2 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.