The Queen v Whittington [2006] NTCCA 04
PARTIES:THE QUEEN
v
WHITTINGTON, Robert Gregory
TITLE OF COURT: COURT OF CRIMINAL APPEAL OF THE NORTHERN TERRITORY
JURISDICTION: RESERVATION OF A POINT OF LAW PURSUANT TO S 408 OF THE CRIMINAL CODE
FILE NO:20304540
DELIVERED: 1 March 2006
HEARING DATES: 8 November 2005
JUDGMENT OF: MILDREN, RILEY & SOUTHWOOD JJ
CATCHWORDS:
CRIMINAL LAW – practice and procedure – charges of manslaughter and dangerous act – four shots fired in quick succession – one bullet caused death – Crown unable to identify which shot caused the death – whether one act or four separate acts – whether charge bad for latent duplicity – defendant intends to raise authorisation – whether Crown obliged to provide particulars of why act not authorised
Criminal Code, Part 1, s 2, s 23, s 24, s 26, s 26(1)(b), s 27, s 28, s 29, s 31, s 31(2), s 33, s 154, s 163, s 305, s 305(1), s 305(3), s 311, s 313, s 408
Archbold, Criminal Pleading, Evidence and Practice, 44th edition, Sweet & Maxwell, London, 1995
Director of Public Prosecutions v Merriman [1973] AC 584; John L Pty Ltd v Attorney-General (NSW) (1987) 163 CLR 508; R v Chapman (2001) 214 LSJS 319; applied
Hoessinger v R (1992) 62 A Crim R 146; Johnson v Miller (1937) 59 CLR 467; Walsh v Tattersall (1996) 188 CLR 77; distinguished
Greenfield (1973) 57 Cr App R 849; Johnson v Miller (1937) 59 CLR 467; Pearce v The Queen (1998) 194 CLR 610; R v Buckett (1995) 79 A Crim R 302; R v Haslet & Anor (1987) 50 NTR 17; R v Morton (2001) 11 NTLR 97; R v S [2000] 1 Qd R 445; Saffron (No 1) (1988) 36 A Crim R 262; Stanton v Abernathy (1990) 48 A Crim R 16; The King v Weaver (1931) 45 CLR 321; The Queen v Juraszko (1967) Qd.R 128; referred to
REPRESENTATION:
Counsel:
Crown:J. Tippett QC/D. Lewis
Accused:M. Abbott QC/I. Rowbottom
Solicitors:
Crown:Office of the Director of Public Prosecutions
Accused:Withnalls
Judgment category classification: B
Judgment ID Number: Mil 06368
Number of pages: 29
IN THE COURT OF CRIMINAL APPEAL
OF THE NORTHERN TERRITORY
OF AUSTRALIA
AT DARWIN
No. 20304540
IN THE MATTER of Criminal Code s 405 and
IN THE MATTER of a reservation of point of law stated by the Supreme Court of the Northern Territory in an application by the accused to quash or stay the indictment for the opinion of the Court of Criminal Appeal
BETWEEN:
THE QUEEN
Crown
AND:
ROBERT GREGORY WHITTINGTON
Accused
CORAM: MILDREN, RILEY & SOUTHWOOD JJ
REASONS FOR JUDGMENT
(Delivered 1 March 2006)
Mildren J:
This is a reservation of a point of law formulated for the opinion of the Court of Criminal Appeal in pursuance of s 408 of the Criminal Code.
The accused stands charged with one count of manslaughter and…
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- The Queen v Whittington [2006] NTCCA 4
- Case
- [2006] NTCCA 4
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the indictment was bad for latent duplicity, given the uncertainty as to which of the four shots constituted the dangerous act or the act causing death. The court also had to determine whether the Crown was obliged to provide particulars of why the act in question was not authorised, in circumstances where the defendant intended to raise authorisation as a defence.
The court held that the indictment was not bad for latent duplicity. It reasoned that the four shots fired in quick succession could properly be considered a single act for the purposes of the charges. The court applied principles established in cases concerning the nature of a single act for criminal liability, particularly where a series of actions are closely connected in time and intent. Regarding the particulars of authorisation, the court found that the Crown was not obliged to provide such particulars. The onus remained on the defendant to establish the defence of authorisation, and the Crown was not required to anticipate and negate every possible basis for such a defence in the indictment.
The court dismissed the appeal.
Orders
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