Marwey v The Queen [1977] HCA 68

Marwey v The Queen [1977] HCA 68

The addition of 'reasonably' by the trial judge in reference to 'necessary' in the second paragraph of s.271 did not prejudice the accused and, reading the summing up as a whole, the directions were sufficient. The belief of the accused, on reasonable grounds, in the necessity of the fatal act is definitive; thus, no error warranting interference with the verdict occurred.

Jurisdiction
Australia
Procedural Posture
Criminal / Application for Special Leave to Appeal; Appeal
Outcome
Special leave to appeal granted; appeal dismissed.
Legal Topics
['self Defence' 'manslaughter' 'interpretation of Criminal Code Queensland S.271']
['criminal Law'] ['self Defence' 'manslaughter' 'interpretation of Criminal Code Queensland S.271']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Application for Special Leave to Appeal; Appeal

Legal Issues

  1. 1 ["Whether the trial judge erred in directing the jury to consider whether the force used was 'reasonably necessary' under s.271, second paragraph, of the Criminal Code (Q.)" "Whether the objective test of reasonableness or the accused's belief on reasonable grounds should be applied under s.271"]

Ratio Decidendi

The addition of 'reasonably' by the trial judge in reference to 'necessary' in the second paragraph of s.271 did not prejudice the accused and, reading the summing up as a whole, the directions were sufficient. The belief of the accused, on reasonable grounds, in the necessity of the fatal act is definitive; thus, no error warranting interference with the verdict occurred.

Court Disposition

Special leave to appeal granted; appeal dismissed.

Orders

  • ['Special leave to appeal granted.' 'Appeal dismissed.']