Graham v The Queen

HIGH COURT OF AUSTRALIAFRENCH CJ,KIEFEL, BELL, NETTLE AND GORDON JJMARK JAMES GRAHAM  APPELLANTANDTHE QUEEN  RESPONDENTGraham v The Queen[2016] HCA 2720 July 2016B14/2016ORDERAppeal dismissed.On appeal from the Supreme Court of QueenslandRepresentationP J Davis QC with J R Jones for the appellant (instructed by Grigor Lawyers)P J Callaghan SC with V A Loury for the respondent (instructed by Director of Public Prosecution (Qld))Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSGraham v The QueenCriminal law – Appeal – Directions to jury – Where appellant convicted of attempted murder after firing shots during confrontation with man with knife – Where appellant relied on defence of self-defence under ss 271(1), 271(2) and 272(1) of Criminal Code (Q) – Where prosecutor suggested in closing address existence of "consensual confrontation" negated self-defence – Where trial judge did not direct jury that no evidence of consent – Where no redirection sought by defence counsel on this issue – Whether trial judge failed to properly direct jury as to self-defence – Whether trial judge erred in failing to direct jury as to defence of mistake under s 24 of Criminal Code.Words and phrases – "assault", "consensual confrontation", "consent to assault", "mistaken belief", "self-defence".Criminal Code (Q), ss 24, 245, 271, 272.FRENCH CJ, KIEFEL AND BELL JJ.IntroductionThe appellant was convicted after trial before a judge and jury in the Supreme Court of Queensland of attempted murder and unlawful wounding with intent to maim. The indictment expressed the...