R v Thrupp; R v Taiao; R v Walker; R v Daniels

[2024] QCA 134

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal and new trial
3. › Miscarriage of justice
4. › Misdirection or non-direction
5. › Written question trail for jury
6. › Whether question trail required jury to reason contrary to law by omitting requirement to consider aider's knowledge and intention under s 7 Criminal Code (Qld)
7. › Whether written directions swamp oral directions where inconsistent
8. › Criminal Code (Qld), ss 7, 8, 10A
1. Criminal Law
2. › Appeal and new trial
3. › Verdict unreasonable or insupportable having regard to evidence
4. › Party liability as aider
5. › Whether Crown excluded beyond reasonable doubt hypothesis consistent with innocence
6. › Whether evidence sufficient to prove aider's knowledge of principal offender's intention to kill or do grievous bodily harm
7. › Criminal Code (Qld), ss 7, 8, 291, 300, 302
1. Criminal Law
2. › Parties to offences
3. › Aiding under s 7(1)(b) and (c) Criminal Code (Qld)
4. › Knowledge required of aider
5. › Whether aider must know essential matters constituting offence committed by principal offender
6. › Whether aider to murder must know principal offender intended to kill or do grievous bodily harm
7. › Criminal Code (Qld), ss 7, 10A
1. Criminal Law
2. › Parties to offences
3. › Common purpose under s 8 Criminal Code (Qld)
4. › Probable consequence of prosecution of unlawful purpose
5. › Whether murder was probable consequence of common intention to detain victims in toolbox and dispose of toolbox
6. › Criminal Code (Qld), s 8

Quick Take

Written question trails for s 7 party liability in murder cases must expressly require the jury to consider whether the alleged aider knew, at the time of the aiding acts, that the principal offender intended to kill or do grievous bodily harm; failure to do so constitutes a miscarriage of justice that cannot be cured by satisfactory oral directions.