Carter v Attorney-General for the State of Queensland

The applicant, a convicted murderer, sought a statutory order of review of the Attorney-General for the State of Queensland's decision not to refer his case to the Court of Appeal. The applicant argued that the Attorney-General's failure to refer his case was an improper exercise of power under section 672A of the Criminal Code. The applicant had unsuccessfully petitioned the Governor for a pardon and sought an extension of time to make the application. The respondent opposed the extension on the basis that the substantive application was without merit.

The court considered whether the Attorney-General's exercise of discretion under section 672A was amenable to judicial review and whether the applicant's construction of the relevant provisions of the Criminal Code was arguably correct. The court also examined whether the applicant's acts or omissions were a substantial cause of the death of the deceased, who died from a heroin overdose. The applicant claimed that because the deceased implored him to kill her, causation must be considered in a broader sense than mere physical causation. The court concluded that the Attorney-General's decision was not amenable to judicial review and that the applicant's construction of the relevant provisions of the Criminal Code was incorrect.

The application for an extension of time was refused. The application for a statutory order of review was also refused. The court found that the applicant's acts or omissions were not a substantial cause of the death and that the deceased's consent to death did not affect the applicant's criminal responsibility. The court held that the Attorney-General's decision not to refer the case to the Court of Appeal was not an improper exercise of power.