Jenkins v The Queen

In *Jenkins v The Queen*, the High Court of Australia considered an appeal against a conviction for murder. The appellant, Jenkins, had been found guilty of murder by a jury in the Supreme Court of New South Wales. The central dispute revolved around the appellant's contention that the trial judge had erred in directing the jury regarding the issue of self-defence.

The High Court was required to determine whether the trial judge's directions on self-defence, particularly concerning the subjective and objective elements of the defence, were adequate and correctly stated the law. Specifically, the court had to consider whether the jury had been properly instructed on the appellant's belief as to the need for force and the proportionality of that force in the circumstances as he perceived them.

The High Court, comprising Gleeson CJ and Hayne J, found that the trial judge's directions were indeed flawed. Their Honours explained that for self-defence to be established, the accused must have genuinely believed that the use of force was necessary to defend themselves or another person. Crucially, the reasonableness of that belief, and the proportionality of the force used, were to be assessed by the jury based on the circumstances as the accused perceived them, but judged by an objective standard. The directions given at trial had, in the view of the High Court, failed to adequately convey this distinction, potentially leading the jury to apply an incorrect test.

The High Court allowed the appeal, quashed the conviction for murder, and ordered a new trial.