A struggle between the accused and the deceased during the course of carrying out an unlawful purpose does not necessarily displace the unlawful purpose for the purposes of felony murder under s 302(1)(b) of the Criminal Code (Qld), particularly where the struggle occurs at the location to which the deceased was lured, the fatal act was initiated by the accused from behind, and the accused stole the deceased's property after the killing. A trial judge is not required to give an additional direction restating the defence case on s 302(1)(b) where the factual issue is not a simple binary choice between the prosecution and defence contentions.
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