R v Gee (No 2)

In the case of R v Gee (No 2), the defendant faced two counts of attempted murder in the Supreme Court of Victoria. The dispute centred on whether the defendant could be convicted of two separate counts of attempted murder if both acts alleged to constitute the attempts may have occurred simultaneously. The legal issues were to determine if the jury should be directed in a way that allows for a conviction on both counts if they find the acts occurred at the same time, and whether it is appropriate for the defendant to be convicted of two counts of attempted murder in such circumstances.

The court considered the principles of criminal liability and the nature of attempted crimes. It was noted that an attempt to commit an offence is complete once a person does an act that is more than merely preparatory to the commission of the offence, and the act must be done with the specific intention to commit the offence. The court examined the possibility that two acts of attempting to commit murder could occur simultaneously, and whether each act could independently fulfil the criteria for an attempted murder. The court concluded that if the jury is satisfied beyond reasonable doubt that both acts occurred at the same time, it is open for the jury to deliver a verdict on both counts.

The reasoning of the court was that the jury should be directed to consider whether both acts occurred simultaneously and whether each act independently satisfies the criteria for an attempted murder. The court held that it is not necessary for the jury to determine which act occurred first, but rather that they must be satisfied that both acts were performed with the requisite intent and were not merely preparatory. The court provided detailed instructions on how the jury should approach the issue of concurrent acts in their deliberations.

The final orders of the court were that the jury should be directed in accordance with the reasons provided, allowing them to convict the defendant of two counts of attempted murder if they find that both acts occurred at the same time and meet the criteria for separate attempts.