R v Tracey

[2024] QCA 19

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. › Non-direction
7. › Failure to direct on partial defence
8. › Whether partial defence of killing for preservation in abusive domestic relationship raised on evidence
9. › Whether failure to direct constituted miscarriage of justice
10. › Criminal Code (Qld), ss 7, 302, 304B
1. Criminal Law
2. › Homicide
3. › Murder
4. › Partial defences
5. › Killing for preservation in abusive domestic relationship
6. › Whether partial defence available to party to offence under s 7(1)(b) or (c)
7. › Whether defence applies where accused did not perform act of killing
8. › Criminal Code (Qld), ss 7(1)(b), 7(1)(c), 304B
1. Criminal Law
2. › Parties to offences
3. › Principal offenders
4. › Attribution of acts under s 7
5. › Whether acts attributed to enabler or aider include acts for purposes of partial defences
6. › Criminal Code (Qld), s 7(1)(b), (c)

Quick Take

Section 304B is available to a party under s 7(1)(b) or (c) in Queensland murder charges according to the majority view, but the defence must be raised on the whole of the evidence, including the accused's own testimony, and cannot be established by selective reliance on text messages divorced from the accused's oral evidence.

Case Details

Citation[2024] QCA 19

CourtQCA

JurisdictionQueensland

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