Irwin, Michael James v The Queen [2017] HCA 8

Judgment type: 
High Court of Australia
Judge(s): 
Kiefel CJ, Bell, Gageler, Nettle and Gordon JJ
Parties: 

Irwin, Michael James v The Queen

Judgment Date: 
14 March 2018
Catchwords: 

CRIMINAL LAW – Appeal against conviction – Where appellant convicted of one count of unlawfully doing grievous bodily harm – Where complainant suffered broken hip in three places following confrontation with appellant – Where appellant gave evidence that he pushed complainant causing complainant to stumble backwards three or four metres and fall to ground – Where s23(1) of Criminal Code (Q) provides person not criminally responsible for event that ordinary person would not reasonably foresee as possible consequence – Where Court of Appeal observed there were "equally open" interpretations of evidence – Whether jury verdict unreasonable or unsupported by evidence.

CRIMINAL LAW – Appeal against conviction – Where s23(1) of Criminal Code (Q) provides person not criminally responsible for event that ordinary person would not reasonably foresee as possible consequence – Where Court of Appeal found it open to jury to conclude ordinary person could have foreseen injury of kind suffered by complainant – Whether Court of Appeal applied incorrect test – Whether any difference between what ordinary person "could" and "would" reasonably foresee.

WORDS AND PHRASES – "could have foreseen", "grievous bodily harm", "possibility", "probability", "unreasonable verdict", "verdict unsupported by evidence", "would have foreseen".

Criminal Code (Q), s23.

Citation: 
[2017] HCA 8