Queensland Judgments
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R v Hung

Unreported Citation:

[2012] QCA 341


The Court considered the concepts of “self-defence against unprovoked assault” in s.271 and accident in s.23.  Although the Court noted that the words take their precise meaning from their context, it was prepared to make some general observations in relation to the underlying principles.  The concept of “probable”, as in “probable consequence”, did not mean “more probable than not” but it did require a more exacting standard than “possible”.  The word means that something “could well happen”.  The concept of “likely” meant that there was a substantial chance, a real chance rather than a remote one, but it did not require that the outcome be more probable than not.  It is wrong to say that “likely” is anything better than “remote” or “speculative”.  There is a significant difference between a “real and not remote chance” and a possibility which is put no higher than that it is better than remote or speculative. 

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