Darkan v R (2006) HCA 34 is a High Court of Australia case concerning the meaning of "probable consequence" as used in ss8 and 9 of the Criminal Code of Queensland.

The three men assaulted the deceased in a park in Mareeba, injuring him so severely as to cause his death.

The appeal concerned the instructions given to the jury about the meaning of "probable consequence" as used in s8 of the Code.

The trial judge's summing up followed R v Hind and Harwood in directing the jury that "probable consequence" was satisfied if there was a real or substantial possibility or chance.

They did not uphold the appeal, however, because they held (Kirby J dissenting on this point) that the proviso that no substantial miscarriage of justice had occurred applied in this case.