Miller v The QueenCitation:[2016] HCA 30Before:French CJ, Kiefel, Bell, Gageler, Keane, Nettle, Gordon JJDate:24 Aug 2016Case Number:A28/2015, A22/2015, A17/2015Read more
The court held that extended joint criminal enterprise remains a valid basis for criminal liability and conviction for murder, and that the doctrine should not be confined or abandoned at this time.
- Parties
- Appellant: Appellants; Co Accused: Fourth Man; Victim: Victim
- Jurisdiction
- Australia
- Judgment Date
- 24 August 2016
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Complicity, Extended Joint Criminal Enterprise, Murder, Appeal, Stare Decisis
Case Brief
Summary, issues, holding and outcome
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Parties
Appellants
Appellant
Fourth Man
Co Accused
Victim
Victim
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether liability for murder on the basis of extended joint criminal enterprise should have been left to the jury
- 2 Whether extended joint criminal enterprise is a proper basis for conviction of murder
- 3 Whether the Court of Criminal Appeal reviewed the sufficiency of evidence
Ratio Decidendi
The court held that extended joint criminal enterprise remains a valid basis for criminal liability and conviction for murder, and that the doctrine should not be confined or abandoned at this time.
Court Disposition
appeal dismissed
Orders
- Convictions upheld
- No order as to costs
Full Case Text
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