Ugle v The Queen [2002] HCA 25

Ugle v The Queen [2002] HCA 25

The trial judge erred by failing to direct the jury to consider whether the act of inserting the knife into the deceased was an act willed by the appellant as required under s 23 of The Criminal Code (WA), and this failure constituted a miscarriage of justice not cured by other directions, requiring that the conviction be quashed and a new trial ordered.

Parties
Appellant: Mitchell James Ugle; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
20 June 2002
Procedural Posture
Criminal Appeal / Appeal to High Court From the Court of Criminal Appeal of Western Australia
Outcome
Appeal allowed; conviction quashed; new trial ordered.
Legal Topics
Homicide, Murder, Manslaughter, Self Defence, Unwilled Act, Accident, Criminal Responsibility, Jury Directions
Criminal Law Homicide Murder Manslaughter Self Defence Unwilled Act Accident Criminal Responsibility +1 more

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Parties

Mitchell James Ugle

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal to High Court From the Court of Criminal Appeal of Western Australia

Legal Issues

  1. 1 Whether the trial judge erred in failing to direct the jury about unwilled acts under s 23 of The Criminal Code (WA)
  2. 2 Whether the failure to direct the jury created a miscarriage of justice requiring a new trial

Ratio Decidendi

The trial judge erred by failing to direct the jury to consider whether the act of inserting the knife into the deceased was an act willed by the appellant as required under s 23 of The Criminal Code (WA), and this failure constituted a miscarriage of justice not cured by other directions, requiring that the conviction be quashed and a new trial ordered.

Court Disposition

Appeal allowed; conviction quashed; new trial ordered.

Orders

  • Appeal allowed.
  • Set aside the order of the Court of Criminal Appeal of Western Australia dated 15 March 2001 and, in lieu thereof, order that: (a) the appellant's appeal to that Court be allowed; (b) the appellant's conviction be quashed and a new trial be had.