McGhee v The Queen [1995] HCA 69

McGhee v The Queen [1995] HCA 69

Section 160 of the Criminal Code Tas does not operate as a defence to attempted murder; it is confined to reducing murder (culpable homicide) to manslaughter, and has no application to attempted murder, which is a distinct crime from murder under s 299 of the Code. The appeal is dismissed.

Jurisdiction
Australia
Procedural Posture
Criminal Appeal / Final Appeal (high Court)
Outcome
Appeal dismissed
Legal Topics
['attempted Murder' 'provocation' 'statutory Interpretation']
['criminal Law'] ['attempted Murder' 'provocation' 'statutory Interpretation']

Case Brief

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Procedural Posture

Criminal Appeal / Final Appeal (high Court)

Legal Issues

  1. 1 ['Whether a plea of provocation under s 160 of the Criminal Code Tas can be raised to defeat a charge of attempted murder' 'Interpretation of s 160 and s 2(1) of the Criminal Code Tas regarding attempts and provocation']

Ratio Decidendi

Section 160 of the Criminal Code Tas does not operate as a defence to attempted murder; it is confined to reducing murder (culpable homicide) to manslaughter, and has no application to attempted murder, which is a distinct crime from murder under s 299 of the Code. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed']