R v Morgan

The appeal concerned a finding by a trial judge that the objective elements of endangering life under section 29(1) of the *Criminal Law Consolidation Act 1935* (SA) had been established, despite the judge also finding the appellant mentally incompetent to commit the offence. The appellant sought to introduce fresh expert evidence on appeal, aiming to demonstrate that no actual danger to any person's life had arisen.

The central legal issues before the Full Court of the Supreme Court of South Australia were whether it was in the interests of justice to admit the fresh evidence, and if so, what the consequences of that admission would be for the conviction. The court was required to consider the impact of the fresh evidence on the established objective elements of the offence.

The court, comprising Doyle CJ, David J, and Peek J, unanimously held that admitting the fresh evidence was in the interests of justice. Following this determination, the particulars of the charge were amended by consent to specify an act capable of creating a danger to life. Consequently, the appeal was allowed, and the original finding was substituted with a finding that the objective elements of the *attempt* to endanger life had been established. The appellant was subsequently made subject to a supervision order and committed to detention for a term of three years and ten months.