Finlay v The Queen

In *Finlay v The Queen*, the appellant, Finlay, was convicted of murder in the Supreme Court of Queensland. The Crown alleged that Finlay had intentionally caused the death of the deceased. Finlay appealed his conviction to the High Court of Australia, arguing that the trial judge had erred in law.

The central legal issue before the High Court was whether the trial judge had correctly directed the jury on the issue of intent, specifically concerning the application of the principles established in *DPP v Smith* [1961] AC 290. The appellant contended that the jury should have been instructed that a finding of intent required proof that the accused foresaw the likelihood of death or grievous bodily harm, rather than merely that the accused foresaw the likelihood of some harm.

Kiefel J, delivering the judgment of the Court, affirmed the principles in *DPP v Smith* as applied in Australian law. His Honour explained that the relevant intent for murder is the intention to kill or to cause grievous bodily harm. The jury's task was to determine whether the evidence established that the appellant possessed such an intention. The Court held that the trial judge's directions, when read as a whole, adequately conveyed the necessary elements of intent for murder, and that it was open to the jury to find the requisite intent based on the evidence presented.

The appeal was dismissed.