R v Taiters

Case [1996] QCA 232


IN THE COURT OF APPEAL  [1996] QCA 232

SUPREME COURT OF QUEENSLAND

C.A. No. 310 of 1995

Brisbane

[R v. Taiters:  ex parte A-G]

THE QUEEN

v.

STEPHEN EDWARD TAITERS

REFERENCE BY ATTORNEY-GENERAL

UNDER S.669A(2) OF CRIMINAL CODE

Macrossan CJ

Pincus JA

Lee J

Judgment delivered   16/07/1996
Judgment of the Court.

IN ANSWER TO THE QUESTIONS OF THE ATTORNEY-GENERAL'S REFERENCE UNDER S.669A(2) OF THE CRIMINAL CODE:

1.  NO.
2.  YES.

CATCHWORDS: CRIMINAL LAW - Reference by Attorney-General under s.669A(2) Criminal Code - Manslaughter - Defence matters - Accident under second limb of s 23 Criminal Code - Whether when a person  is charged with manslaughter it is necessary for the Crown to  prove beyond reasonable doubt that an ordinary person in the position  of the accused could have foreseen that death was a probable or likely consequence of his or her actions - Whether when a  person is charged with manslaughter it is a correct direction of law  that an accused is not responsible for a death which follows from  his  or her actions if death was such an unlikely consequence of his  or her actions that an ordinary person could not reasonably  have foreseen it - Desirability of test in positive form discussed.

S.23 Criminal Code.

R v. Van den Bemd [1995] 1 Qd. R. 401.

R v. Van den Bemd (1994) 179 C.L.R. 137.

Kaporonovski v. The Queen (1975) 133 C.L.R. 209.

R v. Knutsen [1963] Qd. R. 157.

R v. Whiting [1995] 2 Qd. R. 199.

R v. Ellem (1994) 75 A. Crim. R. 370.

Counsel:  Mr M.J. Byrne QC for the Attorney-General.

Mr T. Carmody for the Respondent.

Solicitors:  Director of Public Prosecutions for the Attorney-General.

Legal Aid Office (Qld) for the Respondent.

Hearing Date:   11 October, 1995

REASONS FOR JUDGMENT - THE COURT

Judgment delivered 16/07/1996

This is a reference by the Attorney-General under s.669A(2) of the Criminal Code. Two points of law are referred for this Court's consideration and opinion:

1.        Whether when a person is charged with manslaughter it is necessary for the Crown to prove beyond reasonable doubt that an ordinary person in the position of the accused could have foreseen that death was a probable or likely consequence of his or her actions?

2.        Whether when a person is charged with manslaughter it is a correct direction of law that an accused is not responsible for a death which follows from his or her actions if death was such an unlikely consequence of his or her actions that an ordinary person could not reasonably have foreseen it?

The circumstances in which these questions have arisen from the trial of the accused Taiters may be briefly stated. 

On 24 December 1993 a fight occurred in the street between Taiters and a man called Cooper.  Cooper suffered certain injuries and died in consequence on 3 January 1994.  In the course of the fight Taiters had struck Cooper causing him to fall heavily and strike his head on the cement footpath.   Cooper was…

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AGLC
R v Taiters [1996] QCA 232
Case
[1996] QCA 232
Decision Date

CaseChat Overview and Summary

The case of R v Taiters involved the Attorney-General of Australia making a reference to the High Court under section 669A(2) of the Criminal Code. The central issue was the interpretation of the provisions related to manslaughter, specifically concerning the foreseeability of death as a consequence of the accused's actions. The Attorney-General sought clarification on two main points: whether the Crown must prove beyond reasonable doubt that an ordinary person in the accused's position could have foreseen that death was a probable or likely consequence, and whether the law correctly states that the accused is not responsible if death was an unlikely consequence that an ordinary person could not reasonably foresee. The case raised significant questions about the standards of foreseeability required in manslaughter charges.

The High Court considered the legal issues raised by the Attorney-General's reference. It examined whether the established principles of manslaughter required the Crown to prove that death was a probable or likely consequence of the accused's actions, or if it was sufficient that death was an unlikely consequence that an ordinary person could not foresee. The Court deliberated on the appropriate legal test to be applied, weighing the necessity for certainty in criminal liability against the practicalities of applying a foreseeability standard in manslaughter cases. The Court ultimately focused on the proper interpretation of the relevant provisions of the Criminal Code and the principles of criminal responsibility.

The Court found that the Crown does not need to prove that death was a probable or likely consequence of the accused's actions to secure a manslaughter conviction. Instead, it is sufficient that death was an unlikely consequence which an ordinary person could not reasonably foresee. The Court held that the law correctly states that an accused is not responsible for a death that follows from their actions if death was such an unlikely consequence that an ordinary person could not foresee it. The Court emphasised the importance of ensuring that criminal liability is based on principles of reasonable foreseeability, rather than a strict probability of death.

The Court's decision addressed the Attorney-General's reference, providing clarity on the legal standards applicable to manslaughter charges. It confirmed that the foreseeability test for manslaughter should be applied in a manner that considers whether death was an unlikely consequence that an ordinary person could not foresee, rather than requiring proof of a probable or likely outcome. The Court's reasoning aimed to balance the principles of criminal responsibility with the practicalities of applying the law in manslaughter cases.

Orders

Orders of the court

N ANSWER TO THE QUESTIONS OF THE ATTORNEY-GENERAL'S REFERENCE UNDER S.669A(2) OF THE CRIMINAL CODE:

1. NO.

2. YES.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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