R v Ryan (1967) 121 CLR 205

Facts: The defendant (D) entered a service station to commit armed robbery. D pointed rifle at the victim (V) and demanded money. His rifle was loaded, cocked and the safety catch was off. D claimed V made an unexpected movement and he pulled the trigger as a reflex, killing V.

Issue: Whether the conduct was voluntary? Whether it was necessary to prove voluntariness or whether the events leading up to death were sufficient?

Held: Pointing a loaded, cocked rifle at someone was the substantial and operating cause of death, rather than the pulling of the trigger.  This act was voluntary. The Court must look at the whole context of acts and the probable consequences of them, rather than just the “startle” moment. When viewed holistically, it is clear the voluntary chain of events caused death.

Held (Barwick CJ): It is the act which must be willed though it’s consequences may not be intended.