Under the Queensland Criminal Code, a breach of the duty imposed by s 289 (duty of persons in charge of dangerous things) can, when coupled with an intent to kill or cause grievous bodily harm under s 302(1)(a), support a conviction for murder rather than only manslaughter. The objective reasonableness inquiry under s 289 addresses the actus reus and is independent of the mens rea inquiry under s 302(1)(a). This was a 2-1 decision and the question may be revisited on further appeal. A written statement tendered at committal under s 110A of the Justices Act 1886 (Qld) forms part of the witness's committal evidence and may be put to the witness in re-examination to correct a false impression left by cross-examination.
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