R v Van Den Bemd [1994] HCA 56

R v Van Den Bemd [1994] HCA 56

Special leave to appeal to the High Court should be refused because the question of construction of s. 23 of The Criminal Code Q involved no important principle suitable for special leave, the Court of Appeal’s interpretation is plausible and not inconsistent with prior authority, and exceptional circumstances justifying the grant of special leave to the Crown do not exist.

Jurisdiction
Australia
Procedural Posture
Application for Special Leave to Appeal / Special Leave Application Before the High Court of Australia
Outcome
Application for special leave to appeal refused.
Legal Topics
['accident in Criminal Responsibility' 'construction of S. 23 of the Criminal Code Q' 'manslaughter' 'accidental Events' 'eggshell Skull Rule']
['criminal Law'] ['accident in Criminal Responsibility' 'construction of S. 23 of the Criminal Code Q' 'manslaughter' 'accidental Events' 'eggshell Skull Rule']

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Procedural Posture

Application for Special Leave to Appeal / Special Leave Application Before the High Court of Australia

Legal Issues

  1. 1 ["Whether special leave to appeal should be granted to the Crown to challenge the Queensland Court of Appeal's interpretation of 'event which occurs by accident' in s. 23 of The Criminal Code Q for unlawful killing cases" "Proper construction of 'event which occurs by accident' in s. 23 of The Criminal Code Q, especially where death results from trauma to a person with an unknown physiological defect"]

Ratio Decidendi

Special leave to appeal to the High Court should be refused because the question of construction of s. 23 of The Criminal Code Q involved no important principle suitable for special leave, the Court of Appeal’s interpretation is plausible and not inconsistent with prior authority, and exceptional circumstances justifying the grant of special leave to the Crown do not exist.

Court Disposition

Application for special leave to appeal refused.

Orders

  • ['Special leave to appeal refused.']