R v Griffin & Dunkerton

The appeal was heard by Davies JA, who dismissed the appeal against conviction and refused the application for leave to appeal against sentence in the case of R v Griffin & Dunkerton. The primary legal issue before the court was whether the trial judge's direction to the jury regarding self-defence was misdirection and, if so, whether it was a substantial miscarriage of justice that warranted a new trial. The appellants argued that the trial judge failed to properly direct the jury on the subjective and objective components of self-defence. They contended that the trial judge did not clarify that the jury had to be satisfied that the appellants honestly believed they were acting in self-defence and that this belief was reasonable.

Davies JA considered that the trial judge did not misdirect the jury on the subjective component of self-defence but did not adequately explain the objective component. However, the court found that the error, while significant, did not amount to a substantial miscarriage of justice. The jury's verdict was based on the appellants' actions and the circumstances leading up to the shooting, indicating that they had considered the self-defence plea. The court held that the misdirection did not influence the outcome and the convictions should stand. Additionally, the court found that the sentences were not manifestly excessive, and thus, leave to appeal against sentence was refused.