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R v Sherrington & Kuchler [2001] QCA 105 | Case summary | Zoe

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Home/Cases/[2001] QCA 105

QLDQCA

R v Sherrington & Kuchler [2001] QCA 105

[2001] QCA 105

Court of Appeal (Qld)|2001-04-06|Before: McPherson JA, Ambrose and Wilson JJ

View original source

At a glance

Source facts

Court

Court of Appeal (Qld)

Decision date

2001-04-06

Before

McPherson JA, Ambrose and Wilson JJ

Catchwords

CRIMINAL LAW- GENERAL MATTERS- ANCILLARY LIABILITY- COMPLICITY-AIDER AND
ABETTOR- appellants convicted of manslaughter- whether it
was open on the
evidence for the jury to infer that the fatal blows were inflicted by one or

Source

Original judgment source is linked above.

Catchwords

CRIMINAL LAW- GENERAL MATTERS- ANCILLARY LIABILITY- COMPLICITY-AIDER ANDABETTOR- appellants convicted of manslaughter- whether itwas open on theevidence for the jury to infer that the fatal blows were inflicted by one orboth appellants when they were actingin concert with the common intention ofdisabling him.Acts Interpretation Act 1954-1971(Qld)Criminal Code s 7 (a), (b), and (c), s 293, s 300, s302(1)(a)R v Barlow (1997) 188 CLR 1, discussedLowrie vRoss [1999] QCA 305(1999) 106 A Crim R 565, citedR v Lowery and King (No 2)[1972] VicRp 63[1972] 1 VR 560, discussedMohan v The Queen [1966] UKPC 3[1967] 2 AC 187,discussedR v Morgan [1994] VicRp 41[1994] 1 VR 567, citedRoyall v TheQueen [1991] HCA 27(1991) 172 CLR 378, discussedR v Salmon & others (1880)6 QBD 79, citedWarren and Ireland v The Queen [1987] WAR 314,discussedR v Webb

ex parte Attorney-General (1990) 2 QdR 275,

citedR v Wyles

ex parte Attorney General [1977] QdR 169,

discussed

Judgment (2 paragraphs)

[1]

Legal Aid Queensland for the appellant, Sherrington

[2]

Director of Public Prosecutions (Queensland) for the respondent

Parties

Applicant/Plaintiff:

R

Respondent/Defendant:

Sherrington & Kuchler [2001] QCA 105

Cases Cited (3)

(1997) 188 CLR 1

(1991) 172 CLR 378

(1990) 2 QdR 275