BRIAN RAYMOND TURNER V. THE QUEEN

BRIAN RAYMOND TURNER V. THE QUEEN

There was evidence on which the jury could find that the fracture causing death occurred during or as a direct result of the applicant's assault; therefore, the Court of Criminal Appeal was not in error in refusing to quash the conviction without qualification, and special leave to appeal is refused.

Parties
Applicant: Brian Raymond Turner; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
30 April 1970
Procedural Posture
Application for Special Leave / Special Leave to Appeal
Outcome
special leave to appeal refused
Legal Topics
Murder, Manslaughter, Jury Directions, Causation
Criminal Law Murder Manslaughter Jury Directions Causation

Case Brief

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Parties

Brian Raymond Turner

Applicant

The Queen

Respondent

Procedural Posture

Application for Special Leave / Special Leave to Appeal

Legal Issues

  1. 1 Whether there was evidence that the fracture causing death occurred as a result of the assault by the applicant
  2. 2 Whether the trial judge correctly directed the jury regarding the alternative verdict of manslaughter

Ratio Decidendi

There was evidence on which the jury could find that the fracture causing death occurred during or as a direct result of the applicant's assault; therefore, the Court of Criminal Appeal was not in error in refusing to quash the conviction without qualification, and special leave to appeal is refused.

Court Disposition

special leave to appeal refused