High Court of Australia

Cooper v The Queen [2012] HCA 50

87 ALJR 32; 293 ALR 17

14 Nov 2012

Case Number: S135/2012


French CJ, Hayne, Heydon, Crennan, Kiefel JJ


Criminal law – Appeal – Misdirection – Application of "proviso" – Appellant convicted of murder – Prosecution alleged at trial that either appellant hit and killed deceased or alternatively another person hit and killed deceased pursuant to joint criminal enterprise with appellant – Jury instructed to consider case of joint criminal enterprise as alternative to primary case that appellant hit and killed deceased – Court of Criminal Appeal held no evidence of joint criminal enterprise – Whether "no substantial miscarriage of justice" occurred.

Words and phrases – "proviso", "substantial miscarriage of justice".

Criminal Appeal Act 1912 (NSW) – s 6(1).

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