IL v The QueenCitation:[2017] HCA 27Before:Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJDate:09 Aug 2017Case Number:S270/2016Read more
The act of the deceased causing his own death cannot be attributed to the appellant under joint criminal enterprise liability, and s 18(1) of the Crimes Act 1900 (NSW) does not encompass self-killing.
- Parties
- Appellant: Appellant; Respondent: Crown
- Jurisdiction
- Australia
- Judgment Date
- 09 August 2017
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Appeal allowed
- Legal Topics
- Murder, Manslaughter, Joint Criminal Enterprise, Attribution of Acts, Suicide
Case Brief
Summary, issues, holding and outcome
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Parties
Appellant
Appellant
Crown
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether s 18(1) of Crimes Act 1900 (NSW) encompasses self-killing
- 2 Whether acts or liability for actus reus of crimes committed in course of joint criminal enterprise attributed to co-participant
- 3 Whether act of deceased causing death attributable to appellant
Ratio Decidendi
The act of the deceased causing his own death cannot be attributed to the appellant under joint criminal enterprise liability, and s 18(1) of the Crimes Act 1900 (NSW) does not encompass self-killing.
Court Disposition
Appeal allowed
Orders
- Conviction quashed
- Appellant acquitted
Full Case Text
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