Royall v The Queen

Case [1990] HCATrans 270


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IN THE HIGH COURT OF AUSTRALIA

Office of the Registry

Sydney No S86 of 1989

B e t w e e n -

KYM WILLIAM ROYALL

Applicant

and

THE QUEEN

Respondent

Application for special

leave to appeal

MASON CJ
BRENNAN J
DEANE J

DAWSON J

TOOHEY J
GAUDRON J.

Royall 46 7/11/90

McHUGH J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 7 NOVEMBER 1990, AT 10.16 PM

(Continued from 6/11/90)

Copyright in the High Court of Australia

MASON CJ:  Yes, Mr James.
MR JAMES:  Your Honours, much of what I had wished to say in

relation to grounds 1 and 2 has already been

covered by the dialogue yesterday. However, there

are some matters that have only been touched on

peripherally and, indeed, in answer to certain of

the questions put to me yesterday, particularly
those by Mr Justice Deane and Mr Justice McHugh,
there are some matters still remaining to which I

should go.

If I might take Your Honours in the outline to

page 2, the third paragraph commencing nowhere does

the Court of Criminal Appeal adeq~ately define the accused's act for causation, coi_ ;idence of intent

with act and to enable the evide e to define

intent, and the references there re to the passag~ from Sir Garfield Barwick's judgment in Ryan and to

the judgment of the majority in the Victorian Court

of Criminal Appeal in Demirian, and add to that

what appears in the outline at page 4 concerning

the discussion of causation and recklessness in the

light of causation, the New Zealand decision in

Ramsay, it can be seen, Your Honours, that the

propositions for which we contend, not only was

there an inadequate definition of the act for the

purposes of causation, coincidence of intent with

act, and to enable the evidence to define the

intent but, in addition, what was referred to was

the outcome of the series of acts or a body of

conduct without precise analysis.

McHUGH J:  Mr James, I was thinking about this case last
night. You have not put it this way, but it seemed

to me that your client could only be convicted of

murder if he had an intention to push her out the

window, and all the rest is manslaughter only.

Even if he had an intention to commit grievous

bodily harm on her in the bathroom and she fell out

the window, that could only constitute

manslaughter, could it not?
MR JAMES:  That is our submission, Your Honour. I have not

put it as clearly obviously as I should have, but

it really came down, as indeed I put to

Justice Gaudron yesterday, to the proposition she

advanced yesterday at best for the Crown.

The practicality of the case meant that the

way in which it was left to the jury there may have

been a speculative verdict based on all the bases

thrown in.

McHUGH J: But leaving aside any question of speculative

verdict,…

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Royall v The Queen [1990] HCATrans 270
Case
[1990] HCATrans 270
Decision Date

CaseChat Overview and Summary

This case concerned an appeal to the High Court of Australia following a conviction for murder. The appellant, Royall, argued that the Court of Criminal Appeal had erred in its determination of the legal issues surrounding his conviction.

The central legal issues before the High Court were whether the trial judge had adequately directed the jury on the elements of murder, specifically concerning causation, the coincidence of intent with the act causing death, and the definition of the relevant act for the purposes of establishing intent. The appellant contended that the jury's verdict may have been speculative due to an insufficient analysis of the sequence of events and the required mental state.

The High Court considered the necessity for the "concomitants" – the subject and predicates of the offence – to coincide, as articulated in *Ryan*. The Court examined whether the jury had been properly instructed that the appellant must have intended to cause death or grievous bodily harm at the time of the act that led to the victim's death. The appellant's submission was that even if he had intended to inflict grievous bodily harm, and the victim died as a result of falling from a window during a struggle, this would only constitute manslaughter, not murder, unless the intention to push her out the window with the intent to cause death or grievous bodily harm was proven.

Orders

Orders of the court

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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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