QLDQCA
R v Stott & Van Embden [2001] QCA 313
[2001] QCA 313
Court of Appeal (Qld)|2001-08-07|Before: McPherson JA, Muir J, Atkinson J.Separate reasons for judgment of each, member of the Court, each concurring as to the order made.
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Source factsCourt
Court of Appeal (Qld)
Decision date
2001-08-07
Before
McPherson JA, Muir J, Atkinson J.Separate reasons for judgment of each, member of the Court, each concurring as to the order made.
Catchwords
- CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION –
- APPEAL AND NEW TRIAL – PARTICULAR GROUNDS –
- MISDIRECTION AND
- NON-DIRECTION – GENERAL MATTERS – OTHER MATTERS – whether the
Source
Original judgment source is linked above.
Catchwords
CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION –APPEAL AND NEW TRIAL – PARTICULAR GROUNDS –MISDIRECTION ANDNON-DIRECTION – GENERAL MATTERS – OTHER MATTERS – whether thelearned Trial Judge was correctin leaving the Crown case of manslaughter forconsideration by the jury, on a basis other than criminalnegligence.CRIMINAL LAW – GENERAL MATTERS – CRIMINALLIABILITY AND CAPACITY – DEFENCE MATTERS – ACCIDENT –GENERALLY– whether the learned Trial Judge correctly directed the jury inregard to the interaction between s 23(1)(b) and s 289 oftheCode.CRIMINAL LAW – PARTICULAR OFFENCES – OFFENCES AGAINSTTHE PERSON – HOMICIDE – MANSLAUGHTER – CRIMINALNEGLIGENCE– whether a person could be held liable for the death of another to whomthey supplied heroin when the cause ofdeath is a heroinoverdose.Criminal Code (Qld), s 7(1), s 23(1)(b), s 236, s 284, s 289,