HIGH COURT OF AUSTRALIA
GLEESON CJ,
McHUGH, KIRBY, HAYNE AND CALLINAN JJ
KENNY CHARLIE APPELLANT
AND
THE QUEEN RESPONDENT
Charlie v The Queen [1999] HCA 23
13 May 1999
D11/1998
ORDER
Appeal dismissed.
On appeal from the Supreme Court of the Northern Territory
Representation:
S J Odgers with S J Cox for the appellant (instructed by Northern Territory Legal Aid Commission)
R S L Wild QC with M J Carey for the respondent (instructed by Director of Public Prosecutions, Northern Territory)
Notice: This copy of the Court’s Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
Charlie v The Queen
Criminal law – Murder – Relationship between general Code provision establishing excuse from criminal responsibility and specific provision creating offence of murder – Whether accused must foresee death as a possible consequence of conduct – Principles of statutory construction – Relevance of common law in construction of Code.
Criminal Code (NT), ss 31, 162(1)(a).
Breedon v The Queen (1993) 3 NTLR 119.
Vallance v The Queen (1961) 108 CLR 56.
GLEESON CJ. The facts, and the relevant statutory provisions, are set out in the judgment of Callinan J.
The appellant stabbed the deceased repeatedly in the chest and back with a large knife, and killed her. It was admitted at trial that the stabbing was not accidental. The jury were instructed that, if the stabbing was done either with intent to kill the deceased or with intent to cause her grievous harm, then the appellant was guilty of murder. They convicted the appellant of murder. The appellant argues that, by reason of s 31 of the Criminal Code (NT) ("the Code"), the appellant was excused from criminal responsibility for the death of the deceased, (that is to say, was not guilty of either murder or manslaughter), unless her death was foreseen by him as a possible consequence of the stabbing. The jury, it is argued, should have been instructed accordingly. The point was not taken at trial, but the possibility that the appellant lacked such foresight is said to be related to the fact that he had been drinking before he killed the deceased.
I agree with Callinan J, and with the majority in the Court of Criminal Appeal of the Northern Territory that, upon its true construction, the Code does not have the operation for which the appellant contends.
The argument for the appellant is that s 31(1), in its application to a case such as the present, relevantly refers both to an act, (the stabbing), and to the result of the act, which is referred to in the Code as an event, (the death of the deceased), and excuses the appellant from criminal responsibility for the act or for the event respectively unless it was intended or foreseen. The killing referred to in s 162(1)(a) involved both an act (the stabbing) and an event (the death). Whilst the stabbing was admittedly intentional, it may have been that…
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- AGLC
- Charlie v The Queen [1999] HCA 23
- Case
- [1999] HCA 23
- Decision Date
CaseChat Overview and Summary
The legal issue before the High Court was one of statutory construction: whether section 31 of the Code, which establishes general principles for excuses from criminal responsibility, imposed a requirement that an accused must have foreseen death as a possible consequence of their actions to be convicted of murder under section 162(1)(a) of the Code. The appellant argued that this foresight was a necessary element, while the Crown contended it was not. This question arose due to the unique drafting of the Code, which differed from other Australian criminal codes and the common law.
The Court, by majority, held that section 31 of the Code did impose a requirement that the accused must have foreseen death as a possible consequence of their conduct for a murder conviction. The reasoning emphasised the importance of construing the Code in a manner that was rational and just, particularly given the mandatory life sentence for murder and the particular stigma attached to such a conviction. The Court considered that this interpretation aligned with recommendations for modern criminal law statutes. Although the appellant conceded causing the death, the trial judge had failed to instruct the jury on the requirement of foresight of death under section 31. The Court found that this misdirection was fatal to the lawfulness of the conviction, and the proviso provisions of the Code were not applicable to prevent a substantial miscarriage of justice.
Consequently, the High Court ordered that the appeal be allowed, the conviction be quashed, and a retrial be ordered.
Orders
Orders of the court
Appeal dismissed.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: GLEESON CJ, HUGH J, HAYNE J,
Full text does not contain this section.