Herbert, N. & Ors v. The Queen [1982] FCA 159

Herbert, N. & Ors v. The Queen [1982] FCA 159

The directions given to the jury in response to requests for further guidance on intoxication and intent were unsatisfactory and may have deprived the appellants of a fair chance of acquittal, constituting a miscarriage of justice. The convictions must be set aside and a new trial ordered.

Parties
Appellant: Ngaire Herbert; Appellant: Pamela Sampson; Appellant: Rhoda Wurrawilya; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
30 July 1982
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Outcome
Appeal allowed; convictions set aside; new trial ordered.
Legal Topics
Murder, Intoxication, Jury Directions, Onus of Proof, Voluntariness, Intent, Provocation, Manslaughter, Sentencing
Criminal Law Murder Intoxication Jury Directions Onus of Proof Voluntariness Intent Provocation +2 more

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Parties

Ngaire Herbert

Appellant

Pamela Sampson

Appellant

Rhoda Wurrawilya

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence

Legal Issues

  1. 1 Whether jury directions concerning intoxication and intent were adequate
  2. 2 Whether trial judge misdirected the jury about voluntariness, intoxication, and onus of proof
  3. 3 Whether provocation should have been left to the jury

Ratio Decidendi

The directions given to the jury in response to requests for further guidance on intoxication and intent were unsatisfactory and may have deprived the appellants of a fair chance of acquittal, constituting a miscarriage of justice. The convictions must be set aside and a new trial ordered.

Court Disposition

Appeal allowed; convictions set aside; new trial ordered.

Orders

  • The appeals be allowed.
  • The convictions of the appellants for murder be set aside.