R v Philip Wan Por LEUNG (No 3) [2009] NSWSC 450

R v Philip Wan Por LEUNG (No 3) [2009] NSWSC 450

The evidence is too speculative to support findings beyond reasonable doubt as to the act causing death, the requisite deliberate act, or intention for murder, or an unlawful and dangerous act for manslaughter. Accordingly, the jury must be directed to return verdicts of not guilty on both charges.

Jurisdiction
Australia
Judgment Date
04 May 2009
Procedural Posture
Criminal / Directed Verdict Following Close of Crown Case
Outcome
Directed verdicts of not guilty on murder and manslaughter to be returned.
Legal Topics
['directed Verdict' 'murder' 'manslaughter' 'no Case to Answer' 'inference in Circumstantial Evidence']
['criminal Law'] ['directed Verdict' 'murder' 'manslaughter' 'no Case to Answer' 'inference in Circumstantial Evidence']

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Procedural Posture

Criminal / Directed Verdict Following Close of Crown Case

Legal Issues

  1. 1 ['Whether there is evidence upon which a jury properly directed could convict the accused of murder or manslaughter' 'Whether the evidence establishes the necessary act and intention for murder or the required unlawful and dangerous act for manslaughter']

Ratio Decidendi

The evidence is too speculative to support findings beyond reasonable doubt as to the act causing death, the requisite deliberate act, or intention for murder, or an unlawful and dangerous act for manslaughter. Accordingly, the jury must be directed to return verdicts of not guilty on both charges.

Court Disposition

Directed verdicts of not guilty on murder and manslaughter to be returned.

Orders

  • ['Jury directed to return verdict of not guilty to murder.' 'Jury directed to return verdict of not guilty to manslaughter.']