R v Stephen (No. 3) [2018] NSWSC 168

R v Stephen (No. 3) [2018] NSWSC 168

Once the Crown made clear that it was not alleging that the accused was guilty of murder and would not seek a guilty verdict for murder, the Crown case at its highest was not a case of murder; accordingly, it was inconceivable that the murder count could continue and a verdict of not guilty of murder had to be directed.

Jurisdiction
Australia
Judgment Date
20 February 2018
Procedural Posture
Criminal Jury Trial / Defence Application After Close of Crown Case for a Verdict of Not Guilty by Direction on the Count of Murder
Outcome
Verdict of not guilty directed on the count of murder; trial to proceed on manslaughter.
Legal Topics
['directed Verdict' 'murder' 'manslaughter' 'self Defence' 'excessive Self Defence' 'trial by Jury']
['criminal Law' 'criminal Procedure'] ['directed Verdict' 'murder' 'manslaughter' 'self Defence' 'excessive Self Defence' 'trial by Jury']

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Procedural Posture

Criminal Jury Trial / Defence Application After Close of Crown Case for a Verdict of Not Guilty by Direction on the Count of Murder

Legal Issues

  1. 1 ['Whether the Crown case, taken at its highest, contained evidence capable of proving intent to inflict grievous bodily harm for murder.' "Whether the Crown case, taken at its highest, contained evidence capable of disproving the accused's belief that it was necessary to stab the deceased to defend herself." 'Whether a trial on a count of murder could continue when the Crown prosecutor made clear that the Crown would not seek a verdict of guilty of murder.']

Ratio Decidendi

Once the Crown made clear that it was not alleging that the accused was guilty of murder and would not seek a guilty verdict for murder, the Crown case at its highest was not a case of murder; accordingly, it was inconceivable that the murder count could continue and a verdict of not guilty of murder had to be directed.

Court Disposition

Verdict of not guilty directed on the count of murder; trial to proceed on manslaughter.

Orders

  • ['On 16 February 2018 the judge directed the jury to return a verdict of not guilty of murder, and the jury did so.']