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R v Koani[2015] QSC 325

Reported at [2016] 2 Qd R 373
CITATION: R v Koani [2015] QSC 325
JUDGE(S): Dalton J
DELIVERED ON: 03 November 2015
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Editorial Notes

  • Published Case Name:

    R v Koani

  • Shortened Case Name:

    R v Koani

  • Reported Citation:

    [2016] 2 Qd R 373

  • MNC:

    [2015] QSC 325

  • Court:

    QSC

  • Judge(s):

    Dalton J

  • Date:

    03 Nov 2015

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2015] QSC 325 [2016] 2 Qd R 37303 Nov 2015Ruling 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 JudgmentSC67/15 (No citation)04 Nov 2015Date of conviction of murder.
Appeal Determined (QCA)[2016] QCA 289 [2017] 1 Qd R 27311 Nov 2016Appeal 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 7006 Apr 2017Mr Koani's application for special leave to appeal granted: Bell and Nettle JJ.
HCA Transcript[2017] HCATrans 15717 Aug 2017Appeal 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 42718 Oct 2017Reasons 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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