Pickering v The Queen [2017] HCA 17

Pickering v The Queen [2017] HCA 17

Section 31(1)(c) of the Criminal Code (Q) was available to the appellant as a defence to manslaughter, as s 31(2) does not exclude its operation for manslaughter. It only excludes it for murder or offences where grievous bodily harm or intent to cause such harm is an element. Therefore, failure to direct the jury about s 31(1)(c) constituted a miscarriage of justice and the conviction should be set aside.

Parties
Appellant: Rodney Peter Pickering; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
03 May 2017
Procedural Posture
Appeal / Judgment on Appeal From the Supreme Court of Queensland Court of Appeal
Outcome
appeal allowed
Legal Topics
Justification and Excuse, Resisting Violence, Criminal Responsibility, Statutory Interpretation
Criminal Law Justification and Excuse Resisting Violence Criminal Responsibility Statutory Interpretation

Case Brief

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Parties

Rodney Peter Pickering

Appellant

The Queen

Respondent

Procedural Posture

Appeal / Judgment on Appeal From the Supreme Court of Queensland Court of Appeal

Legal Issues

  1. 1 Whether a miscarriage of justice occurred due to failure to direct the jury on s 31(1)(c) of the Criminal Code (Q)
  2. 2 Whether s 31(1) of the Criminal Code (Q) was available to the appellant as a defence to a charge of manslaughter
  3. 3 Whether s 31(2) renders s 31(1) unavailable in relation to manslaughter where evidence disclosed that the act constituted an offence described in s 31(2)

Ratio Decidendi

Section 31(1)(c) of the Criminal Code (Q) was available to the appellant as a defence to manslaughter, as s 31(2) does not exclude its operation for manslaughter. It only excludes it for murder or offences where grievous bodily harm or intent to cause such harm is an element. Therefore, failure to direct the jury about s 31(1)(c) constituted a miscarriage of justice and the conviction should be set aside.

Court Disposition

appeal allowed

Orders

  • Appeal allowed.
  • Set aside the order of the Court of Appeal of the Supreme Court of Queensland made on 6 May 2016.