R v IL (No 2) [2014] NSWSC 1710

R v IL (No 2) [2014] NSWSC 1710

There is no evidence capable of establishing the guilt of the accused for either murder or manslaughter of the co-offender. The prosecution cannot establish which party performed the fatal act; the criminal liability is derivative, but the deceased cannot be guilty of his own murder or manslaughter, so the accused cannot be liable. Further, causation is not established where the deceased’s voluntary act may have caused his own death. Acquittals are directed on both counts.

Jurisdiction
Australia
Judgment Date
02 December 2014
Procedural Posture
Criminal / Application for Directed Verdict of Not Guilty at the Close of the Crown Case (trial)
Outcome
Directed verdicts of not guilty entered for counts of murder and manslaughter.
Legal Topics
['constructive Murder' 'common Purpose' 'manslaughter by Unlawful and Dangerous Act' 'complicity' 'causation' 'directed Verdict']
['criminal Law'] ['constructive Murder' 'common Purpose' 'manslaughter by Unlawful and Dangerous Act' 'complicity' 'causation' 'directed Verdict']

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Procedural Posture

Criminal / Application for Directed Verdict of Not Guilty at the Close of the Crown Case (trial)

Legal Issues

  1. 1 ['Whether the accused can be found guilty of the murder or manslaughter of a co-offender under the principles of constructive murder and joint criminal enterprise when it cannot be established which participant performed the fatal act.' 'Whether derivative liability applies when the deceased cannot be guilty of his own homicide.' "Whether causation exists where the deceased's voluntary act may have led to his own death."]

Ratio Decidendi

There is no evidence capable of establishing the guilt of the accused for either murder or manslaughter of the co-offender. The prosecution cannot establish which party performed the fatal act; the criminal liability is derivative, but the deceased cannot be guilty of his own murder or manslaughter, so the accused cannot be liable. Further, causation is not established where the deceased’s voluntary act may have caused his own death. Acquittals are directed on both counts.

Court Disposition

Directed verdicts of not guilty entered for counts of murder and manslaughter.

Orders

  • ['The jury is directed to return verdicts of not guilty for counts 2(a) (murder) and 2(b) (manslaughter).']