Recent Cases

Dayney v The King [2024] HCA 22 (12 June 2024) (Gageler CJ; Gordon, Gleeson, Jagot and Beech-Jones JJ)


Criminal law – Appeal against conviction – Self-defence against provoked assault – Where appellant convicted of murder – Where s 272(1) of Criminal Code (Qld) affords defence of self-defence against provoked assault – Where s 272(2) identifies cases to which defence does not apply – Where s 272(2) contains three clauses – Where third clause of s 272(2) states that accused will not obtain protection of s 272(1) unless they declined further conflict and quitted it or retreated from it as far as practicable before using force in self-defence – Whether condition in third clause of s 272(2) is an independent condition or modifies effect of first two clauses of s 272(2) – Whether trial judge erred in directing jury that appellant must satisfy retreat condition for defence of self-defence against provoked assault.

Words and phrases – “death or grievous bodily harm”, “murder”, “necessity”, “nor, in either case”, “reasonably necessary”, “self-defence”, “self-defence against provoked assault”.