Dayney v The King

HIGH COURT OF AUSTRALIAGAGELER CJ,GORDON, GLEESON, JAGOT AND BEECH‑JONES JJMARK VINCENT DAYNEY  APPELLANTANDTHE KING  RESPONDENTDayney v The King[2024] HCA 22Date of Hearing: 19 April 2024Date of Judgment: 12 June 2024B69/2023ORDERAppeal dismissed.On appeal from the Supreme Court of QueenslandRepresentationR M O'Gorman KC with J J Underwood for the appellant (instructed by A W Bale & Son Solicitors)C W Wallis with S L Dennis for the respondent (instructed by Office of the Director of Public Prosecutions (Qld))Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSDayney v The KingCriminal law – Appeal against conviction – Self-defence against provoked assault – Where appellant convicted of murder – Where s 272(1) of Criminal Code (Qld) affords defence of self-defence against provoked assault – Where s 272(2) identifies cases to which defence does not apply – Where s 272(2) contains three clauses – Where third clause of s 272(2) states that accused will not obtain protection of s 272(1) unless they declined further conflict and quitted it or retreated from it as far as practicable before using force in self-defence – Whether condition in third clause of s 272(2) is an independent condition or modifies effect of first two clauses of s 272(2) – Whether trial judge erred in directing jury that appellant must satisfy retreat condition for defence of self-defence against provoked assault.Words and phrases – "death or grievous bodily harm", "murder", "necessity", "nor, in either case", "reasonably necessary", "self-defence", "self-defence against...