R v McNeil (No 3) [2015] NSWSC 758

R v McNeil (No 3) [2015] NSWSC 758

Taking the Crown evidence at its highest, the descriptions of the punch, together with evidence that it was delivered by a large and powerful man in an aggressive and agitated state after earlier events, made it open to the jury to be satisfied that the accused intended to cause really serious bodily harm; therefore the evidence was not incapable of sustaining a murder verdict and the directed verdict application had to be refused.

Jurisdiction
Australia
Judgment Date
09 June 2015
Procedural Posture
Criminal Trial for Alleged Murder / Application for Directed Verdict of Not Guilty at the Close of the Crown Case
Outcome
Application refused
Legal Topics
['directed Verdict of Not Guilty' 'murder' 'intention to Cause Grievous Bodily Harm' 'evidence Taken at Its Highest']
['criminal Law' 'criminal Procedure'] ['directed Verdict of Not Guilty' 'murder' 'intention to Cause Grievous Bodily Harm' 'evidence Taken at Its Highest']

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Procedural Posture

Criminal Trial for Alleged Murder / Application for Directed Verdict of Not Guilty at the Close of the Crown Case

Legal Issues

  1. 1 ['Whether the evidence, taken at its highest for the Crown, was incapable of proving that the accused intended to cause really serious bodily harm at the time of the act causing death.' 'Whether a verdict of not guilty should be directed on the murder charge.']

Ratio Decidendi

Taking the Crown evidence at its highest, the descriptions of the punch, together with evidence that it was delivered by a large and powerful man in an aggressive and agitated state after earlier events, made it open to the jury to be satisfied that the accused intended to cause really serious bodily harm; therefore the evidence was not incapable of sustaining a murder verdict and the directed verdict application had to be refused.

Court Disposition

Application refused

Orders

  • ['Application for directed verdict refused']