Minniti v The Queen

Case [2001] WASCA 148


MINNITI -v- THE QUEEN [2001] WASCA 148



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2001] WASCA 148
COURT OF CRIMINAL APPEAL
Case No:CCA:265/20002 APRIL 2001
Coram:MALCOLM CJ
WALLWORK J
MURRAY J
7/05/01
18Judgment Part:1 of 1
Result: Appeal allowed
Conviction quashed
Retrial ordered
PDF Version
Parties:ANTONIO MINNITI
THE QUEEN

Catchwords:

Criminal law and procedure
Grievous bodily harm caused
Self-defence
Criteria for application of second paragraph of Criminal Code (WA), s 248
No criterion that force used reasonably necessary for effective defence

Legislation:

Criminal Code (WA), s 248

Case References:

Gray v The Queen (1998) 98 A Crim R 589
Marwey v The Queen (1977) 138 CLR 630
R v Muratovic [1967] Qd R 15
Robinson v The Queen (1991) 180 CLR 531

Bojovic v The Queen (1999) 113 A Crim R 1
Dinsdale v The Queen (2000) 175 ALR 315
Griffiths v The Queen (1977) 137 CLR 29
House v R (1936) 55 CLR 499
Melbourne v R (1999) 198 CLR 1
Mraz v The Queen (1955) 93 CLR 493
Niciforo v The Queen [2000] WASCA 318
R v Allwood [1997] QCA 57
Van den Hoek v The Queen (1986) 161 CLR 158
Wilde v The Queen (1988) 164 CLR 365

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : MINNITI -v- THE QUEEN [2001] WASCA 148 CORAM : MALCOLM CJ
    WALLWORK J
    MURRAY J
HEARD : 2 APRIL 2001 DELIVERED : 7 MAY 2001 FILE NO/S : CCA 265 of 2000
    CCA 266 of 2000
BETWEEN : ANTONIO MINNITI
    Applicant

    AND

    THE QUEEN
    Respondent



Catchwords:

Criminal law and procedure - Grievous bodily harm caused - Self-defence - Criteria for application of second paragraph of Criminal Code (WA), s 248 - No criterion that force used reasonably necessary for effective defence




Legislation:

Criminal Code (WA), s 248




Result:

Appeal allowed




(Page 2)

Conviction quashed
Retrial ordered

Representation:


Counsel:


    Applicant : Mr M T Trowell QC & Mr L M Levy
    Respondent : Mr R E Cock QC


Solicitors:

    Applicant : Laurie Levy
    Respondent : State Director of Public Prosecutions


Case(s) referred to in judgment(s):

Gray v The Queen (1998) 98 A Crim R 589
Marwey v The Queen (1977) 138 CLR 630
R v Muratovic [1967] Qd R 15
Robinson v The Queen (1991) 180 CLR 531

Case(s) also cited:



Bojovic v The Queen (1999) 113 A Crim R 1
Dinsdale v The Queen (2000) 175 ALR 315
Griffiths v The Queen (1977) 137 CLR 29
House v R (1936) 55 CLR 499
Melbourne v R (1999) 198 CLR 1
Mraz v The Queen (1955) 93 CLR 493
Niciforo v The Queen [2000] WASCA 318
R v Allwood [1997] QCA 57
Van den Hoek v The Queen (1986) 161 CLR 158
Wilde v The Queen (1988) 164 CLR 365

(Page 3)

1 MALCOLM CJ: In my opinion, this appeal against conviction should be allowed, the conviction quashed and…

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Minniti v The Queen [2001] WASCA 148
Case
[2001] WASCA 148
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CaseChat Overview and Summary

In the matter of Minniti v The Queen, the appellant sought to appeal his conviction for causing grievous bodily harm to a police officer. The incident in question occurred in Western Australia, and the case was heard in the High Court of Australia. The appellant argued that he had acted in self-defence, invoking the statutory provision that allows for such a defence under specific circumstances. The crux of the appeal was whether the trial judge had correctly applied the criteria for the second paragraph of section 248 of the Criminal Code (WA) when assessing the appellant's claim of self-defence.

The legal issues that the court had to resolve centred around the interpretation and application of the statutory provision concerning self-defence. Specifically, the court had to determine if the trial judge had erred by not applying the correct legal standard when assessing whether the force used by the appellant was reasonably necessary for effective defence. The appellant contended that the trial judge had failed to consider whether the force used was reasonably necessary, as required by the second paragraph of section 248 of the Criminal Code (WA). The prosecution, on the other hand, argued that the trial judge had correctly applied the law and that the force used by the appellant was not reasonably necessary for effective defence.

The court, in its decision, found that the trial judge had indeed misapplied the legal criteria for assessing the appellant's claim of self-defence. The court held that the trial judge had not adequately considered whether the force used was reasonably necessary for effective defence, which is a critical element under the second paragraph of section 248 of the Criminal Code (WA). Consequently, the court concluded that the trial judge's error warranted the quashing of the appellant's conviction and the ordering of a retrial. The court thus allowed the appeal, quashed the conviction, and ordered a retrial.

Orders

Orders of the court

Appeal allowed

Conviction quashed

Retrial ordered

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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