In R v Kelleher [2024] QCA 99, Tyler Joseph Kelleher appealed his conviction for the murder of Joel Peter Frew. The appeal was primarily on the grounds that the trial judge erred by not directing the jury about potential defences available under sections 267 (defence of dwelling), 271 (self-defence against unprovoked assault), and 273 (aiding in self-defence) of the Criminal Code 1899 (Qld). The circumstances of the offence involved Kelleher stabbing Frew during an altercation, which was captured on CCTV. Kelleher argued that he believed Frew posed an imminent threat, justifying his actions as pre-emptive self-defence. However, the Court of Appeal held that the evidence did not sufficiently raise any reasonable grounds for these defences. The appellant's arguments were deemed speculative, and the judges upheld the conviction, concluding that the trial judge had appropriately directed the jury based on the available evidence. The appeal was dismissed.
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