Miller v The Queen [2016] HCA 30

Miller v The Queen [2016] HCA 30

The High Court declined to overrule McAuliffe v The Queen, holding that extended joint criminal enterprise remains part of Australian common law. The sufficiency of evidence as to the applicants' participation and foresight was not properly reviewed by the Court of Criminal Appeal; thus, the orders of that court should be set aside, and the matters remitted for reconsideration on that basis.

Parties
Appellant: Everard John Miller; Respondent: The Queen; Applicant: Wayne Douglas Smith; Applicant: Everard John Miller; Applicant: Johnas Jerome Presley; Respondent: Director of Public Prosecutions for the State of South Australia
Jurisdiction
Australia
Judgment Date
24 August 2016
Procedural Posture
Criminal Appeal / High Court Appeal From Decisions of the Court of Criminal Appeal of the Supreme Court of South Australia
Outcome
Appeals allowed; special leave to appeal granted; orders of Court of Criminal Appeal set aside; matters remitted to that court for redetermination of the 'unreasonable verdict' ground.
Legal Topics
Complicity, Extended Joint Criminal Enterprise, Murder, Criminal Liability, Appeal – Unreasonableness of Verdict, Intoxication
Criminal Law Complicity Extended Joint Criminal Enterprise Murder Criminal Liability Appeal – Unreasonableness of Verdict Intoxication

Case Brief

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Parties

Everard John Miller

Appellant

The Queen

Respondent

Wayne Douglas Smith

Applicant

Everard John Miller

Applicant

Johnas Jerome Presley

Applicant

Director of Public Prosecutions for the State of South Australia

Respondent

Procedural Posture

Criminal Appeal / High Court Appeal From Decisions of the Court of Criminal Appeal of the Supreme Court of South Australia

Legal Issues

  1. 1 Whether liability for murder on the basis of extended joint criminal enterprise should have been left to the jury
  2. 2 Whether the doctrine of extended joint criminal enterprise should be confined or abandoned in Australia
  3. 3 Whether the Court of Criminal Appeal reviewed the sufficiency of evidence regarding intoxication and participation

Ratio Decidendi

The High Court declined to overrule McAuliffe v The Queen, holding that extended joint criminal enterprise remains part of Australian common law. The sufficiency of evidence as to the applicants' participation and foresight was not properly reviewed by the Court of Criminal Appeal; thus, the orders of that court should be set aside, and the matters remitted for reconsideration on that basis.

Court Disposition

Appeals allowed; special leave to appeal granted; orders of Court of Criminal Appeal set aside; matters remitted to that court for redetermination of the 'unreasonable verdict' ground.

Orders

  • Matter No A28/2015: Appeal allowed.
  • Set aside the order of the Court of Criminal Appeal of the Supreme Court of South Australia made on 28 April 2015.