Koani v The QueenCitation:[2017] HCA 42Before:Kiefel CJ, Bell, Gageler, Nettle, Gordon JJDate:18 Oct 2017Case Number:B20/2017Read more
A conviction for murder requires a voluntary act causing death accompanied by the requisite intention; an unwilled act, even if criminally negligent, does not suffice for murder.
- Parties
- Appellant: Appellant; Respondent: Respondent
- Jurisdiction
- Australia
- Judgment Date
- 18 October 2017
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Appeal allowed
- Legal Topics
- Murder, Manslaughter, Criminal Negligence, Intention, Breach of Duty
Case Brief
Summary, issues, holding and outcome
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Parties
Appellant
Appellant
Respondent
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether an unwilled, criminally negligent act or omission can result in conviction for murder where the jury is satisfied the accused possessed intention to kill or inflict grievous bodily harm
- 2 Whether breach of duty to use reasonable care and to take reasonable precautions in use and management of dangerous thing can found conviction of murder
Ratio Decidendi
A conviction for murder requires a voluntary act causing death accompanied by the requisite intention; an unwilled act, even if criminally negligent, does not suffice for murder.
Court Disposition
Appeal allowed
Orders
- Conviction for murder set aside
- New trial ordered
Full Case Text
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