Koani v The Queen

HIGH COURT OF AUSTRALIAKIEFEL CJ,BELL, GAGELER, NETTLE AND GORDON JJCHRISTOPHER CHARLES KOANI  APPELLANTANDTHE QUEEN  RESPONDENTKoani v The Queen[2017] HCA 42Date of Order:  17 August 2017Date of Publication of Reasons:  18 October 2017B20/2017ORDER1.Appeal allowed.2.Set aside the order of the Supreme Court of Queensland (Court of Appeal) dated 11 November 2016 and in lieu thereof order that:(i)the appellant's appeal to that Court be allowed;(ii)the appellant's conviction be quashed and a new trial be had.On appeal from the Supreme Court of QueenslandRepresentationS C Holt QC with B J Power for the appellant (instructed by Legal Aid Queensland)V A Loury QC with M J Hynes 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.CATCHWORDS Koani v The Queen Criminal law – Murder and manslaughter – Act causing death – Where appellant convicted of murder – Where death occasioned by discharge of shotgun held by appellant – Where alternative prosecution case for murder put to jury on basis that shotgun may have discharged as result of unwilled act – Whether unwilled, criminally negligent act or omission can result in conviction for murder where jury satisfied accused possessed intention to kill or inflict grievous bodily harm – Whether breach of duty to use reasonable care and to take reasonable precautions in use and management of dangerous thing can found conviction of murder. Words and phrases – "act causing death", "breach of...