IL v The Queen [2017] HCA 27

IL v The Queen [2017] HCA 27

Section 18 of the Crimes Act 1900 (NSW) does not encompass self-killing within murder or manslaughter, and joint criminal enterprise liability does not attribute acts to a participant where the act results in self-killing, since suicide is not an offence under NSW law. The appellant cannot be liable for murder or manslaughter of the deceased under s 18 where the death may have been caused by the deceased's own act.

Parties
Appellant: IL; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
09 August 2017
Procedural Posture
Criminal Appeal / Final Appellate Decision
Outcome
appeal allowed
Legal Topics
Murder, Manslaughter, Joint Criminal Enterprise, Constructive Murder, Felony Murder, Complicity, Attribution of Acts, Self Killing, Suicide
Criminal Law Murder Manslaughter Joint Criminal Enterprise Constructive Murder Felony Murder Complicity Attribution of Acts +2 more

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Parties

IL

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Final Appellate Decision

Legal Issues

  1. 1 Whether s 18(1) of Crimes Act 1900 (NSW) encompasses self-killing within murder and manslaughter
  2. 2 Whether acts committed in the course of a joint criminal enterprise are attributable to a co-participant for purposes of homicide offences
  3. 3 Whether the appellant can be liable for murder or manslaughter where the deceased may have caused his own death

Ratio Decidendi

Section 18 of the Crimes Act 1900 (NSW) does not encompass self-killing within murder or manslaughter, and joint criminal enterprise liability does not attribute acts to a participant where the act results in self-killing, since suicide is not an offence under NSW law. The appellant cannot be liable for murder or manslaughter of the deceased under s 18 where the death may have been caused by the deceased's own act.

Court Disposition

appeal allowed

Orders

  • Appeal allowed.
  • Set aside the orders of the Court of Criminal Appeal of the Supreme Court of New South Wales made on 8 April 2016.