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AK v The Queen [2021] VSCA 165

Victorian Court of Appeal
Maxwell P, T Forrest and Walker JJA

AK v The Queen

Judgment Date: 
16 June 2021

CRIMINAL LAW - Appeal - Conviction - Murder - Whether jury verdict unreasonable or cannot be supported having regard to the evidence - Whether open to jury to find intention to cause really serious injury - Whether applicant intended to cause 'really serious injury' or 'serious injury' - Meaning of 'really serious injury' for jury to determine - Constitutional role of jury as finder of fact - Advantages of juries over appellate courts - Jury's unique advantage of collective deliberation process - Proper for jury to bring ordinary experience to bear on determinations of fact - Jones v The Queen [2020] VSCA 160, Doney v The Queen (1990) 171 CLR 207, R v Goodall [2007] VSCA 63, M v The Queen (1994) 181 CLR 487, R v Baden-Clay (2016) 258 CLR 308 applied - Criminal Procedure Act 2009 s 276(1)(a) - Leave to appeal refused.