Matthew Domio [2018] NSWDC 16

Matthew Domio [2018] NSWDC 16

For an offence under s25A Crimes Act 1900, causation must be directed by reference to the words of s25A(3), not by the common law phrase "substantial or significant contribution to the death". In this trial, because no object was involved and it was not suggested that the hit to the jaw directly caused death, the jury should be directed that an assault causes death where the person is killed as a result of injuries received directly from hitting the ground as a consequence of the assault.

Jurisdiction
Australia
Judgment Date
08 February 2018
Procedural Posture
Criminal / Jury Directions During Trial After Crown Case Closed
Outcome
Jury directions identified; judge indicated the causation direction to be given to the jury.
Legal Topics
['assault Causing Death While Accused Intoxicated' 'jury Directions' 'causation' 'consent' 'self Defence']
['criminal Law' 'criminal Procedure'] ['assault Causing Death While Accused Intoxicated' 'jury Directions' 'causation' 'consent' 'self Defence']

Case Brief

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Procedural Posture

Criminal / Jury Directions During Trial After Crown Case Closed

Legal Issues

  1. 1 ["Whether the hit by Matthew Domio to Dario Domio's head and the injuries resulting from the consequent fall to the carpet caused the death." 'Whether the Crown can rebut a lawful excuse of consent.' 'Whether the Crown can rebut a lawful excuse of self-defence.' 'Whether the jury direction on causation under s25A(3) Crimes Act 1900 should use the common law phrase "substantial or significant contribution to the death".']

Ratio Decidendi

For an offence under s25A Crimes Act 1900, causation must be directed by reference to the words of s25A(3), not by the common law phrase "substantial or significant contribution to the death". In this trial, because no object was involved and it was not suggested that the hit to the jaw directly caused death, the jury should be directed that an assault causes death where the person is killed as a result of injuries received directly from hitting the ground as a consequence of the assault.

Court Disposition

Jury directions identified; judge indicated the causation direction to be given to the jury.

Orders

  • ['Jury directions']