About: Darkan v The Queen

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Darkan v R (2006) HCA 34 is a High Court of Australia case concerning the meaning of "probable consequence" as used in ss8 and 9 of the . The three appellants were tried and convicted of the murder of Kalman John Toth, the second appellant's de facto husband. A dispute arose between the second appellant and the deceased. The second appellant recruited three men to do him harm: the other two appellants and Bowen, who appeared as a witness for the prosecution.

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  • Darkan v R (2006) HCA 34 is a High Court of Australia case concerning the meaning of "probable consequence" as used in ss8 and 9 of the . The three appellants were tried and convicted of the murder of Kalman John Toth, the second appellant's de facto husband. A dispute arose between the second appellant and the deceased. The second appellant recruited three men to do him harm: the other two appellants and Bowen, who appeared as a witness for the prosecution. The three men assaulted the deceased in a park in Mareeba, injuring him so severely as to cause his death. The prosecution case was put in three ways, one of which was that the offence was committed in the prosecution of a common purpose per s8 of the Code. (en)
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dbp:dateDecided
  • 2007-09-26 (xsd:date)
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  • HOWARD RODNEY DARKAN APPELLANT AND THE QUEEN RESPONDENT (en)
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  • Gleeson CJ, Gummow, Kirby, Heydon and Crennan JJ (en)
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  • Darkan v R (en)
dbp:opinions
  • Jury misdirected as to meaning of "probable consequence", but proviso applies (en)
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  • none (en)
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  • none (en)
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  • Darkan v R (2006) HCA 34 is a High Court of Australia case concerning the meaning of "probable consequence" as used in ss8 and 9 of the . The three appellants were tried and convicted of the murder of Kalman John Toth, the second appellant's de facto husband. A dispute arose between the second appellant and the deceased. The second appellant recruited three men to do him harm: the other two appellants and Bowen, who appeared as a witness for the prosecution. (en)
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  • Darkan v The Queen (en)
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