R v Simon George Lees; R v Stuart Lewry [2019] NSWDC 117

R v Simon George Lees; R v Stuart Lewry [2019] NSWDC 117

On the evidence thus far, the facts alleged and particularised by the Crown, if proved, are capable as a matter of law of establishing a duty of care owed by both Simon Lees and Stuart Lewry to the deceased and injured person. The case could not be taken away from the judge at this stage as there is evidence on which a judge could convict; therefore, the applications for a directed verdict of not guilty were refused.

Jurisdiction
Australia
Judgment Date
28 March 2019
Procedural Posture
Criminal / Application for Directed Verdicts After Close of Crown Case, Judge Alone Trial
Outcome
Applications for directed verdicts of not guilty are refused.
Legal Topics
['criminal Negligence' 'manslaughter' 'duty of Care' 'grievous Bodily Harm' 'directed Verdict' 'no Case Submission']
['criminal Law' 'criminal Procedure'] ['criminal Negligence' 'manslaughter' 'duty of Care' 'grievous Bodily Harm' 'directed Verdict' 'no Case Submission']

Case Brief

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Procedural Posture

Criminal / Application for Directed Verdicts After Close of Crown Case, Judge Alone Trial

Legal Issues

  1. 1 ['Whether, as a matter of law, the accused owed a duty of care to the deceased or injured person sufficient to support charges of manslaughter and grievous bodily harm by negligent act; Whether there is sufficient evidence for the case to go forward rather than be decided by directed verdict']

Ratio Decidendi

On the evidence thus far, the facts alleged and particularised by the Crown, if proved, are capable as a matter of law of establishing a duty of care owed by both Simon Lees and Stuart Lewry to the deceased and injured person. The case could not be taken away from the judge at this stage as there is evidence on which a judge could convict; therefore, the applications for a directed verdict of not guilty were refused.

Court Disposition

Applications for directed verdicts of not guilty are refused.

Orders

  • ['Applications for directed verdicts of not guilty are refused.']