Murray v The Queen

HIGH COURT OF AUSTRALIAGAUDRON, GUMMOW, KIRBY, HAYNE AND CALLINAN JJWILLIAM JOHN MURRAY   APPELLANTANDTHE QUEEN  RESPONDENTMurray v The Queen[2002] HCA 2620 June 2002B11/2002ORDER1.Appeal allowed.2.Set aside the order of the Court of Appeal of Queensland dated 24 August 1999 and, in lieu thereof, order that:(a)      the appellant's appeal to that Court be allowed;(b)      the appellant's conviction be quashed and a new trial be had.On appeal from the Supreme Court of QueenslandRepresentation:A J Rafter for the appellant (instructed by Dearden Lawyers)L J Clare for the respondent (instructed by the 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.CATCHWORDSMurray v The QueenCriminal law – Homicide – Unlawful killing – Murder – Deceased died from gun shot wounds to chest – Whether shooting was an unwilled act or an event occurring by accident – What is "the act causing death" – Whether trial judge erred in failing to direct jury about unwilled acts – Whether it is for the jury to decide what is "the act causing death" – Whether trial judge's failure to direct jury gave rise to a substantial miscarriage of justice so that a new trial should be ordered.Onus of proof – Whether the trial judge erred in directions to jury about onus of proof – Whether trial judge's direction to jury was apt to mislead the jury about the decision which was to be made.Words and phrases – "act" – "event" – "accident".The Criminal...