James v The Queen

HIGH COURT OF AUSTRALIAFRENCH CJ,HAYNE, CRENNAN, KIEFEL, BELL, GAGELER AND KEANE JJSAMUEL JAMES  APPELLANTANDTHE QUEEN  RESPONDENTJames v The Queen[2014] HCA 65 March 2014M102/2013ORDERAppeal dismissed.On appeal from the Supreme Court of VictoriaRepresentationT Kassimatis with B J Franjic for the appellant (instructed by Valos Black & Associates)P B Kidd SC with B L Sonnet for the respondent (instructed by Solicitor for Public Prosecutions (Vic)) Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSJames v The QueenCriminal law – Appeal – Appeal against conviction – Intentionally causing serious injury – Whether failure to instruct jury as to lesser alternative verdicts occasioned substantial miscarriage of justice.Criminal law – Role of trial judge – Whether duty to secure fair trial required instruction on any lesser alternative verdicts regardless of forensic choices of counsel.  Crimes Act 1958 (Vic), ss 16, 17.Criminal Procedure Act 2009 (Vic), s 239.FRENCH CJ, HAYNE, CRENNAN, KIEFEL, BELL AND KEANE JJ.   The appellant was convicted following a trial in the Supreme Court of Victoria (Williams J) of intentionally causing serious injury to a man named Khadr Sleiman[1].  A second count, an alternative to the first, charged the appellant with recklessly causing serious injury to Mr Sleiman[2].  Mr Sleiman suffered multiple injuries as the result of being struck by a motor vehicle that at the time was being driven by the appellant.  It was the prosecution case that the appellant deliberately struck Mr Sleiman with the vehicle intending thereby to...