Arulthilakan v The Queen

HIGH COURT OF AUSTRALIAGLEESON CJ,GUMMOW, KIRBY, HAYNE, CALLINAN AND HEYDON JJMatter No A198/2003NOEL JEBATHILAKAN ARULTHILAKAN   APPELLANTANDTHE QUEEN  RESPONDENTMatter No A202/2003CHISEKO MARK MKOKA   APPELLANTANDTHE QUEEN  RESPONDENTArulthilakan v The QueenMkoka v The Queen[2003] HCA 7410 December 2003A198/2003 and A202/2003ORDERIn each matter:Appeal dismissed.On appeal from Supreme Court of South AustraliaRepresentation:B J Powell QC with R B Harrap for the appellant in A198/2003 (instructed by Harrap & Stokes)S W Tilmouth QC with I L White for the appellant in A202/2003 (instructed by McGee Solicitors)P J L Rofe QC with J P Pearce for the respondent in both matters (instructed by Director of Public Prosecutions (SA))Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSArulthilakan v The QueenMkoka v The QueenCriminal law – Murder – Appeals against conviction – Directions to jury concerning statutory murder – Whether trial judge erred in directing jury that presentation of a knife in the course of an armed robbery amounted to an "act of violence" for the purposes of s 12A, Criminal Law Consolidation Act 1935 (SA) – Whether misdirection gave rise to miscarriage of justice – Causation – Whether reference to "but for" test of causation constituted a misdirection – Whether presentation of a knife in the course of an armed robbery could be regarded as a substantial cause of death of deceased – Application of proviso in circumstances where not possible to tell whether jury's verdict of guilty of murder was based on statutory murder...