Il v The Queen

HIGH COURT OF AUSTRALIAKIEFEL CJ,BELL, GAGELER, KEANE, NETTLE, GORDON AND EDELMAN JJIL  APPELLANTANDTHE QUEEN  RESPONDENTIL v The Queen[2017] HCA 279 August 2017S270/2016ORDER1.Appeal allowed.2.Set aside the orders of the Court of Criminal Appeal of the Supreme Court of New South Wales made on 8 April 2016 and in their place order that the appeal to that Court be dismissed.On appeal from the Supreme Court of New South Wales RepresentationB J Rigg SC with R C Pontello for the appellant (instructed by Benjamin & Leonardo Criminal Defence Lawyers)S C Dowling SC with H R Roberts for the respondent (instructed by Solicitor for Public Prosecutions (NSW))Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSIL v The QueenCriminal law – Murder and manslaughter – Where appellant and deceased engaged in joint criminal enterprise – Where act causing death committed in course of joint criminal enterprise – Where Crown could not exclude possibility that deceased had committed act causing death – Where appellant charged with murder or manslaughter of deceased – Whether s 18(1) of Crimes Act 1900 (NSW) encompasses self-killing.Criminal law – Joint criminal enterprise liability – Whether acts or liability for actus reus of crimes committed in course of joint criminal enterprise attributed to co-participant – Whether act of deceased causing death attributable to appellant.Words and phrases – "attribution of acts", "complicity", "constructive murder", "derivative liability", "felo de se", "felony murder", "joint criminal enterprise liability", "primary liability", "rules of attribution",...