Cufley, Cathleen Mary v The Queen [1983] FCA 107

Cufley, Cathleen Mary v The Queen [1983] FCA 107

The trial judge misdirected the jury by failing to make clear that provocation applied to murder by recklessness as well as to murder by intent. This misdirection could reasonably have influenced the result of the trial; the conviction must be set aside and a new trial ordered.

Parties
Appellant: Cathleen Mary Cufley; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
03 June 1983
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed; conviction and verdict set aside; new trial ordered
Legal Topics
Murder, Recklessness, Provocation, Jury Directions, Misdirection
Criminal Law Murder Recklessness Provocation Jury Directions Misdirection

Case Brief

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Parties

Cathleen Mary Cufley

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge erred in directing the jury on murder by recklessness
  2. 2 Whether the trial judge failed to direct the jury that provocation applied to murder by recklessness
  3. 3 Whether the jury was misdirected on the onus of establishing provocation

Ratio Decidendi

The trial judge misdirected the jury by failing to make clear that provocation applied to murder by recklessness as well as to murder by intent. This misdirection could reasonably have influenced the result of the trial; the conviction must be set aside and a new trial ordered.

Court Disposition

appeal allowed; conviction and verdict set aside; new trial ordered

Orders

  • The verdict and the conviction of the appellant pronounced and recorded 9 February 1983 on a charge that she did murder Eric Hyams be set aside.
  • There be a new trial of the appellant upon the indictment that on or about 8 January 1982 at Darwin in the Northern Territory of Australia she did murder Eric Hyams.