Where the only basis for the excuse of accident raised by the evidence is an unwilled act under s 23(1)(a) of the Criminal Code (Qld), a trial judge is not required to also direct the jury on s 23(1)(b) (unforeseeable event), because if the discharge of a loaded firearm in close proximity to others is a willed act, the foreseeability of grievous bodily harm or death is inevitable. Stevens v The Queen is not authority for the proposition that when evidence raises the possibility of an unwilled act under s 23(1)(a), s 23(1)(b) must also be left to the jury.
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