IL v The Queen [2017] HCA 27

CRIMINAL LAW, WORDS AND PHRASES
Judgment type: 
High Court of Australia
Judge(s): 
Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon and Edelman JJ
Parties: 

IL v The Queen [2017] HCA 27

Judgment Date: 
9 August 2017
Catchwords: 

CRIMINAL 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", "self-murder", "suicide". 

Crimes Act 1900 (NSW), s 18.

Citation: 
[2017] HCA 27