Mitchell v The KingRigney v The KingCarver v The KingTenhoopen v The KingCitation:[2023] HCA 5Before:Kiefel CJ, Gageler, Gordon, Edelman, Steward, Gleeson, Jagot JJDate:08 Mar 2023Case Number:A14/2022, A15/2022, A16/2022, A17/2022Read more

Mitchell v The KingRigney v The KingCarver v The KingTenhoopen v The KingCitation:[2023] HCA 5Before:Kiefel CJ, Gageler, Gordon, Edelman, Steward, Gleeson, Jagot JJDate:08 Mar 2023Case Number:A14/2022, A15/2022, A16/2022, A17/2022Read more

The court held that section 12A of the Criminal Law Consolidation Act 1935 (SA) operates as a statutory rule of primary liability for murder and does not combine with the common law doctrine of extended joint criminal enterprise to impose liability for murder based solely on foresight of the possibility of an intentional act of violence by a co-venturer.

Parties
Appellant: Appellants; Respondent: Respondent
Jurisdiction
Australia
Judgment Date
08 March 2023
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Murder, Joint Criminal Enterprise, Constructive Murder, Derivative Liability
Criminal Law Murder Joint Criminal Enterprise Constructive Murder Derivative Liability

Case Brief

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Parties

Appellants

Appellant

Respondent

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the common law doctrine of extended joint criminal enterprise can operate in combination with section 12A of the Criminal Law Consolidation Act 1935 (SA) to render appellants guilty of murder based on foresight of the possibility of commission by a co-venturer of any intentional act of violence

Ratio Decidendi

The court held that section 12A of the Criminal Law Consolidation Act 1935 (SA) operates as a statutory rule of primary liability for murder and does not combine with the common law doctrine of extended joint criminal enterprise to impose liability for murder based solely on foresight of the possibility of an intentional act of violence by a co-venturer.

Court Disposition

appeal allowed

Orders

  • Convictions for murder quashed
  • Matters remitted for further proceedings consistent with judgment