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Ruling on prosecution’s alternative case on murder. If the jury were not satisfied that the discharge of the gun was a willed act, they could find the accused guilty of murder pursuant to s 302(1)(a) of the Criminal Code (Qld) if they found that he breached his duty under s 289 of the Code to use reasonable care and take reasonable precautions in handling the weapon and, at the time that it discharged, he intended to kill the deceased: Dalton J.
Primary Judgment
SC67/15 (No citation)
04 Nov 2015
Date of conviction of murder.
Appeal Determined (QCA)
[2016] QCA 289 [2017] 1 Qd R 273
11 Nov 2016
Appeal against conviction dismissed. The prosecution's alternative case was properly left to the jury; no error in permitting prosecution to re-examine certain witness: Gotterson JA and Atkinson J (McMurdo P dissenting in part, it being incongruous, in her Honour’s view, that a provision expressed in terms of objective reasonableness, such as s 289, be coupled with a specific intent).
Special Leave Granted (HCA)
[2017] HCATrans 70
06 Apr 2017
Mr Koani's application for special leave to appeal granted: Bell and Nettle JJ.
HCA Transcript
[2017] HCATrans 157
17 Aug 2017
Appeal heard and orders made. Appeal allowed; conviction quashed; retrial ordered: Kiefel CJ, Bell, Gageler, Nettle and Gordon JJ.
HCA Judgment
[2017] HCA 42; (2017) 263 CLR 427
18 Oct 2017
Reasons for orders in [2017] HCATrans 157. Trial judge erred in law in leaving prosecution's alternative case to jury; intention to kill in s 302(1)(a) not a freestanding mental element that can be attached to a negligent act or omission; murder pursuant to s 302(1)(a) requires that act or omission causing death be done or made with intention thereby of causing death: Kiefel CJ, Bell, Gageler, Nettle and Gordon JJ. Mr Koani's conviction of murder at retrial upheld on appeal: [2018] QCA 272.
Appeal Status
Appeal Determined (QCA) - Appeal Determined (HCA)
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