Duff, John William v. The Queen [1979] FCA 133

Duff, John William v. The Queen [1979] FCA 133

The court held that the conviction and sentence for 'attack upon the person of Colonel Singh' (the alternative conviction to attempted murder) must be set aside as not open to the jury on the indictment, as s.8(6) Crimes (Internationally Protected Persons) Act 1976 (Cth) did not authorise that alternative verdict for attempted murder as charged. All other grounds including those based on publicity, jury contact, confessional and identification evidence, and proof of diplomatic status were rejected; the appeal otherwise was dismissed.

Jurisdiction
Australia
Judgment Date
06 December 1979
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence From the Supreme Court of the Australian Capital Territory to the Federal Court of Australia
Outcome
Conviction and sentence on count of attack on the person of Colonel Singh set aside; otherwise, appeal dismissed.
Legal Topics
['crimes Against Internationally Protected Persons' 'appeals—criminal Law' 'confessional Evidence' 'identification Evidence' 'jury Management—publicity' 'statutory Interpretation—alternative Verdicts' 'diplomatic Privileges and Immunities']
['criminal Law' 'international Law'] ['crimes Against Internationally Protected Persons' 'appeals—criminal Law' 'confessional Evidence' 'identification Evidence' 'jury Management—publicity' 'statutory Interpretation—alternative Verdicts' 'diplomatic Privileges and Immunities']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence From the Supreme Court of the Australian Capital Territory to the Federal Court of Australia

Legal Issues

  1. 1 ['Whether adverse publicity deprived the appellant of a fair trial' 'Whether a conversation between a juror and associate warranted discharge of the jury' 'Admissibility and directions regarding identification evidence' 'Admissibility of confession and application of Evidence Ordinance 1971 (A.C.T.) s.68' 'Proof of status as internationally protected persons under the Crimes (Internationally Protected Persons) Act 1976 (Cth)' 'Whether alternative conviction of attacking a person under s.8(2) of the Crimes (Internationally Protected Persons) Act was open on the indictment']

Ratio Decidendi

The court held that the conviction and sentence for 'attack upon the person of Colonel Singh' (the alternative conviction to attempted murder) must be set aside as not open to the jury on the indictment, as s.8(6) Crimes (Internationally Protected Persons) Act 1976 (Cth) did not authorise that alternative verdict for attempted murder as charged. All other grounds including those based on publicity, jury contact, confessional and identification evidence, and proof of diplomatic status were rejected; the appeal otherwise was dismissed.

Court Disposition

Conviction and sentence on count of attack on the person of Colonel Singh set aside; otherwise, appeal dismissed.

Orders

  • ['Conviction and sentence for attack on the person of Colonel Singh set aside.' 'Judgment of the Supreme Court convicting the appellant of that offence set aside.' 'Sentence of three years imprisonment with 18 months before parole eligibility for that offence set aside.' 'Otherwise, appeal dismissed.']