Pickering v The QueenCitation:[2017] HCA 17Before:Kiefel CJ, Gageler, Nettle, Gordon, Edelman JJDate:03 May 2017Case Number:B68/2016Read more

Pickering v The QueenCitation:[2017] HCA 17Before:Kiefel CJ, Gageler, Nettle, Gordon, Edelman JJDate:03 May 2017Case Number:B68/2016Read more

The court held that s 31(2) renders s 31(1) unavailable wherever the evidence discloses that the act of the accused constitutes an offence described in s 31(2), regardless of the charge.

Parties
Appellant: Appellant; Deceased: Deceased
Jurisdiction
Australia
Judgment Date
03 May 2017
Procedural Posture
Criminal Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Justification and Excuse, Resisting Unlawful Violence, Manslaughter, Criminal Responsibility
Criminal Law Justification and Excuse Resisting Unlawful Violence Manslaughter Criminal Responsibility

Case Brief

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Parties

Appellant

Appellant

Deceased

Deceased

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether appellant could rely on s 31(1) of the Criminal Code (Q) to deny criminal responsibility for manslaughter
  2. 2 Whether s 31(2) renders s 31(1) unavailable where the act constitutes an offence described in s 31(2)

Ratio Decidendi

The court held that s 31(2) renders s 31(1) unavailable wherever the evidence discloses that the act of the accused constitutes an offence described in s 31(2), regardless of the charge.

Court Disposition

Appeal dismissed