Murray v The Queen

The High Court of Australia heard an appeal from the Court of Appeal of Queensland concerning a conviction for murder. The appellant, Murray, was convicted of murder after the deceased died from gunshot wounds to the chest. The central dispute revolved around whether the shooting was an unwilled act or an event occurring by accident, as provided for under section 23(1) of the Queensland Criminal Code.

The legal issues before the High Court were whether the trial judge erred in failing to direct the jury on the concept of an unwilled act or an event occurring by accident, and whether it was for the jury to determine what constituted "the act causing death." Additionally, the Court considered whether the trial judge's directions to the jury regarding the onus of proof were apt to mislead them about the decision they were required to make, and if any such errors gave rise to a substantial miscarriage of justice warranting a new trial.

The High Court reasoned that the appellant's evidence, which suggested he was hit in the head by the deceased as the latter was getting up, and that the gun discharged at waist height when he lifted it, raised a question of fact for the jury as to whether the shooting was an unwilled act or an accident. The Court found that the trial judge's failure to adequately direct the jury on the provisions of section 23(1) of the Criminal Code, particularly in light of the appellant's account, meant that the jury may not have properly considered whether the act causing death was independent of the appellant's will or occurred by accident. The Court also found that the directions on the onus of proof were potentially misleading.

Consequently, the High Court allowed the appeal, quashed the conviction, and ordered a new trial.