Harwood v The Queen

HIGH COURT OF AUSTRALIAGLEESON CJ,GAUDRON, McHUGH, HAYNE AND CALLINAN JJTODD ANDREW HARWOOD   APPELLANTANDTHE QUEEN   RESPONDENTHarwood v The Queen[2002] HCA 2023 May 2002B49/2001ORDERAppeal dismissed.On appeal from the Supreme Court of QueenslandRepresentation:A J Rafter for the appellant (instructed by Legal Aid Queensland)L J Clare for the respondent (instructed by Director of Public Prosecutions (Queensland))Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSHarwood v The QueenCriminal Law – Homicide – Unlawful killing – Appellant and co-accused engaged in armed robbery – Co-accused shot and killed victim – Appellant and co-accused tried jointly – Whether common intention to prosecute an unlawful purpose – Whether, if co-accused convicted of murder, appellant could be convicted of manslaughter.Criminal Law – Directions to the jury – Failure to direct the jury to possibility, if co-accused convicted of murder, of finding appellant guilty of manslaughter – Whether absence of direction gave rise to a miscarriage of justice.Criminal Code (Q), ss 8, 289, 291, 293, 300, 302, 303.GLEESON CJ, GAUDRON, McHUGH, HAYNE AND CALLINAN JJ.   Following a trial in the Supreme Court of Queensland, the appellant, Todd Andrew Harwood, and a co-accused, Gary Hind, were convicted of the murder of Raymond Bowering.  Both appealed unsuccessfully to the Court of Appeal.  The appellant now appeals to this Court.The factsThe deceased, Raymond Bowering, was shot dead outside the cafeteria at the Bundaberg coach terminal on 16 February 1994.  The appellant and Hind had gone to the coach terminal to...