Hutt, Jeffrey, Hutt and Bell v The Queen

The Court of Criminal Appeal of Tasmania heard the appeals of four individuals, Gregory Terrence Hutt, Dean John Jeffrey, Craig Jeffrey Hutt, and Wayne John Bell, who were convicted of the murder of Michael Leslie McClymont. The Court was required to decide several legal issues, including the admissibility of evidence pertaining to events that occurred after the fatal assault, the correctness of the trial judge's directions to the jury regarding the prosecution of a common unlawful purpose, and the sufficiency of the evidence to support the convictions. The Court found that the evidence of events that occurred after the fatal assault was inadmissible as it lacked the requisite high probative force and was prejudicial, tending to show a propensity for violence. The Court also held that the trial judge erred in leaving to the jury the issue of whether the assault on the deceased was an act done in the prosecution of a common unlawful purpose, as there was no admissible evidence to support such a conclusion. Furthermore, the Court determined that the trial judge misdirected the jury on the issue of accessorial liability, as it was necessary to prove that the conduct of the accused actually encouraged the principal offender to commit the crime. The Court concluded that the convictions should be quashed and new trials ordered on the indictment of murder, as the admissible evidence was not sufficiently cogent to justify a conviction for murder.