Penny v The Queen

The applicant, Penny, sought special leave to appeal to the High Court of Australia against his conviction for murder. The conviction arose from the death of a young man following New Year's celebrations on 1 January 1987. At the time of the offence, Penny was 18 years old, and at the time of his trial, he was 19.

The central legal issue before the High Court was whether the learned trial judge's directions to the jury regarding self-defence were in accordance with the principles established in *Zecevic*. Specifically, the applicant argued that the trial judge erred by instructing the jury that self-defence was not available if the accused had an opportunity to retreat or withdraw from the conflict. Further, the applicant contended that the trial judge misdirected the jury by stating that the right of self-defence only applies against the person mounting the attack and not in circumstances where there may be other dangers in the vicinity.

The applicant relied on *Zecevic* to argue that there is no longer a rule requiring an accused to retreat as far as possible before attempting to defend themselves. Instead, retreat is a circumstance to be considered alongside all others in determining whether the accused believed, on reasonable grounds, that their actions were necessary for self-defence. The applicant also submitted that the trial judge's direction that self-defence only applies against the direct attacker, and not in situations with other dangers present, was an incorrect limitation of the defence.