Koani v The Queen [2017] HCA 42

Koani v The Queen [2017] HCA 42

Criminal responsibility for murder under s 302(1)(a) of the Criminal Code (Q), as under the common law, cannot be founded upon an unwilled act; it was an error of law to leave the prosecution's alternative case for the jury's consideration where conviction for murder was sought on the basis of an unwilled, criminally negligent act combined with intent.

Parties
Appellant: Christopher Charles Koani; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
18 October 2017
Procedural Posture
Criminal Appeal / Appeal From Supreme Court of Queensland (court of Appeal)
Outcome
appeal allowed
Legal Topics
Murder, Manslaughter, Act Causing Death, Criminal Negligence, Intentional Offence, Breach of Duty, Unwilled Act
Criminal Law Murder Manslaughter Act Causing Death Criminal Negligence Intentional Offence Breach of Duty Unwilled Act

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Parties

Christopher Charles Koani

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal From Supreme Court of Queensland (court of Appeal)

Legal Issues

  1. 1 Whether an unwilled, criminally negligent act can found a conviction for murder under s 302(1)(a) of the Criminal Code (Q).
  2. 2 Whether breach of duty to use reasonable care and take reasonable precautions in use and management of dangerous thing can found conviction of murder.
  3. 3 Identification of 'act' to which criminal responsibility attaches under the Code in firearms cases.

Ratio Decidendi

Criminal responsibility for murder under s 302(1)(a) of the Criminal Code (Q), as under the common law, cannot be founded upon an unwilled act; it was an error of law to leave the prosecution's alternative case for the jury's consideration where conviction for murder was sought on the basis of an unwilled, criminally negligent act combined with intent.

Court Disposition

appeal allowed

Orders

  • The order of the Supreme Court of Queensland (Court of Appeal) dated 11 November 2016 set aside.
  • The appellant's appeal to the Court of Appeal be allowed.