R v Johnson (No 4) [2017] NSWSC 609

R v Johnson (No 4) [2017] NSWSC 609

For the purposes of directing the jury on s 25A(2) of the Crimes Act 1900 (NSW), intoxication by alcohol is not confined to an extreme state such as being grossly affected or "blind drunk". The jury should apply the ordinary English meaning of "intoxicated", which may be expressed as being "drunk", requires more than no or very slight effect from a small amount of alcohol, and does not include a person who is merely tipsy or "happy".

Jurisdiction
Australia
Judgment Date
17 May 2017
Procedural Posture
Criminal Homicide Trial Involving an Alternative Allegation of Assault Causing Death While Intoxicated and Over the Age of 18 Years Under S 25 A(2) of the Crimes Act 1900 (nsw) / Jury Direction on the Meaning of the Element of Being Intoxicated
Outcome
The jury was directed on the meaning of "intoxicated" for the alternative allegation under s 25A(2) of the Crimes Act 1900 (NSW).
Legal Topics
['assault Causing Death' 'intoxication' 'jury Directions' 'statutory Interpretation']
['criminal Law'] ['assault Causing Death' 'intoxication' 'jury Directions' 'statutory Interpretation']

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Procedural Posture

Criminal Homicide Trial Involving an Alternative Allegation of Assault Causing Death While Intoxicated and Over the Age of 18 Years Under S 25 A(2) of the Crimes Act 1900 (nsw) / Jury Direction on the Meaning of the Element of Being Intoxicated

Legal Issues

  1. 1 ['What direction should be given to the jury about the meaning of the accused being "intoxicated" for the purposes of s 25A(2) of the Crimes Act 1900 (NSW).' 'Whether "intoxicated" in s 25A(2) is restricted to a person being grossly or very much affected by alcohol, prohibited drugs or another substance.']

Ratio Decidendi

For the purposes of directing the jury on s 25A(2) of the Crimes Act 1900 (NSW), intoxication by alcohol is not confined to an extreme state such as being grossly affected or "blind drunk". The jury should apply the ordinary English meaning of "intoxicated", which may be expressed as being "drunk", requires more than no or very slight effect from a small amount of alcohol, and does not include a person who is merely tipsy or "happy".

Court Disposition

The jury was directed on the meaning of "intoxicated" for the alternative allegation under s 25A(2) of the Crimes Act 1900 (NSW).

Orders

  • ['The Crown had to prove beyond reasonable doubt that the accused was intoxicated.' '"Intoxicated" was to be treated as an ordinary English word with its ordinary English meaning in court.' 'Intoxication by alcohol could be expressed more plainly as being "drunk".' 'Intoxication by alcohol involved something more...