Full Court Minute Books

Case B48/2017

Irwin v. The Queen

Case No.


Case Information

Lower Court Judgment

3/02/2017 Supreme Court of Queensland (Court of Appeal) (M McMurdo P, Gotterson JA, Mullins J)

[2017] QCA 2


Criminal law – Criminal Code 1899 (Qld) s 23(1)(b) – Where appellant convicted of causing grievous bodily harm – Where appellant gave evidence of pushing complainant – Where Court of Appeal held complainant’s evidence could not rationally be accepted but dismissed appeal on basis it was open to jury to conclude ordinary person “could” reasonably have foreseen possibility of broken hip as result of push – Whether Court of Appeal erred in application of test under s 23(1)(b) by substituting “could” for “would” – Whether Court of Appeal erred in failing to find verdict unreasonable.

Short particulars


18/08/2017 Hearing (SLA, Brisbane)

30/08/2017 Notice of appeal

22/09/2017 Written submissions (Appellant)

22/09/2017 Chronology (Appellant)

13/10/2017 Written submissions (Respondent)

27/10/2017 Reply

06/12/2017 Hearing (Full Court, Canberra) (Audio-visual recording)

14/03/2018 Judgment (Judgment summary)