R v Speakman

[2024] QCA 164

Queensland Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal and new trial
3. › Miscarriage of justice
4. › Particular circumstances amounting to miscarriage
5. › Misdirection or non-direction
6. › Failure to leave defence of self-defence to jury
7. › Whether miscarriage of justice occasioned by failure to direct on s 271(1) of Criminal Code (Qld)
8. › Criminal Code (Qld), ss 271(1), 668E(1)

Quick Take

The availability of a defence under s 271(1) of the Criminal Code (Qld) is not foreclosed by the availability of the accident defence under s 23(1)(a), and the relevant inquiry under s 271(1) is the likelihood of grievous bodily harm, not its occurrence.

Case Details

Citation[2024] QCA 164

CourtQCA

JurisdictionQueensland

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Relies on

HCF v The QueenHCA 35
R v ProwseVSCA 287
R v LbeQCA 53
R v FaulknerQCA 301

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