Full Court Minute Books

Case S59/2015

Filippou v. The Queen

Case No.


Case Information

Lower Court Judgment

2/05/2013 Supreme Court of New South Wales (Court of Criminal Appeal) (McClellan JA, Fullerton J, S Campbell J)

[2013] NSWCCA 92


Criminal law – Appeal against conviction and sentence – s 23 Crimes Act 1900 (NSW) – Where the appellant was convicted of murder by a judge sitting alone – Where it was not determined beyond reasonable doubt whether the appellant or one of the deceased brought the murder weapon to the scene – Whether the judge at first instance erred in the application of the test of provocation – Whether as a consequence of this error the Court of Criminal Appeal should have held this to be an error of law requiring the convictions to be quashed – Whether the Court of Criminal Appeal erred in failing to take into account matters mitigating the sentence imposed in respect of the fact that it was not reasonably possible to conclude who brought the murder weapon to the scene.

Short particulars


13/03/2015 Hearing (SLA, Sydney)

27/03/2015 Notice of appeal

08/04/2015 Written submissions (Appellant)

08/04/2015 Chronology (Appellant)

22/04/2015 Written submissions (Respondent)

29/04/2015 Reply

12/05/2015 Hearing (Full Court, Canberra) (Audio-visual recording)

12/08/2015 Judgment (Judgment summary)