Lansbury v The Queen

This matter came before the High Court of Australia on an application for special leave to appeal concerning the interpretation of section 315 of the Queensland Criminal Code. The applicant, Mr Lansbury, had been convicted of attempting to render a young girl incapable of resistance by means calculated to choke, with the intent to facilitate the commission of an indictable offence. The core of the dispute revolved around the meaning of the word "calculated" as used in the section, and a secondary ground related to the trial judge's direction regarding the means used to render the complainant incapable of resistance.

The legal issues before the High Court were twofold. Firstly, the Court was required to determine the correct interpretation of the phrase "calculated to choke" within section 315 of the Criminal Code. This involved considering whether "calculated" implied an intention or design to choke, or whether it meant "likely to" have that effect. Secondly, the Court had to consider whether the trial judge erred in directing the jury that an attempt to render the complainant incapable of resistance by calling out for help was sufficient to satisfy that element of the offence.

The applicant argued that "calculated" should be interpreted subjectively, meaning intended or designed to choke, rather than objectively as "likely to" have that effect. This interpretation would require proof of a specific intent to choke. The Court of Criminal Appeal had dismissed the applicant's appeal, with the majority holding that "calculated" in this context meant "likely to" and that the trial judge's direction on the means of rendering the complainant incapable of resistance was also correct. The High Court granted special leave to appeal.