IL v The Queen: Joint Criminal Enterprise and the Constructive Murder Rule: Is this Where Their 'Logic Leads You'?

Sydney Law Review, Vol. 39, No. 2, pp. 245-255, 2017

Sydney Law School Research Paper No. 17/32

13 Pages Posted: 18 Apr 2017 Last revised: 27 Jul 2017

See all articles by Andrew Dyer

Andrew Dyer

The University of Sydney Law School

Date Written: April 17, 2017

Abstract

IL v The Queen involves the prosecution for murder, on the basis of the constructive murder rule, of a participant in a joint criminal enterprise to manufacture methylamphetamine — in circumstances where the actual perpetrator of the killing was quite possibly the deceased. Whatever the views of the justices of the High Court of Australia about whether the appellant (‘IL’) was sufficiently culpable justifiably to be convicted of murder, it is unlikely that the Court will accept her argument that she can be convicted of that offence only upon proof that she foresaw the possibility that the relevant conduct would result in death. It is not always easy for the courts to accept invitations to develop the law so as to make it more compatible with progressive notions of criminal responsibility. Given the apparent public support for the constructive murder rule, the High Court would need a firm basis for acting as IL wishes it to act; however, textual and historical considerations support the Crown’s position — as do the relevant precedents.

Keywords: Constructive murder, joint criminal enterprise, extended joint criminal enterprise, IL v The Queen, malice

JEL Classification: K10, K14, K30

Suggested Citation

Dyer, Andrew, IL v The Queen: Joint Criminal Enterprise and the Constructive Murder Rule: Is this Where Their 'Logic Leads You'? (April 17, 2017). Sydney Law Review, Vol. 39, No. 2, pp. 245-255, 2017; Sydney Law School Research Paper No. 17/32. Available at SSRN: https://ssrn.com/abstract=2954284

Andrew Dyer (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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