R v Bowie (No 5) [2022] NSWSC 1506

R v Bowie (No 5) [2022] NSWSC 1506

Intoxication was not sufficiently in issue on the evidence to require a direction to the jury; the accused did not positively assert intoxication as a relevant circumstance affecting his intent, and the observations by witnesses were neither substantial nor directly related to a capacity to form intent at the relevant time.

Parties
Crown: Rex; Accused: John Douglas Bowie
Jurisdiction
Australia
Judgment Date
04 November 2022
Procedural Posture
Criminal / Application for Jury Direction During Trial
Outcome
Application refused
Legal Topics
Intoxication Directions, Jury Directions, Murder, Manslaughter, Circumstantial Evidence
Criminal Law Intoxication Directions Jury Directions Murder Manslaughter Circumstantial Evidence

Case Brief

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Parties

Rex

Crown

John Douglas Bowie

Accused

Procedural Posture

Criminal / Application for Jury Direction During Trial

Legal Issues

  1. 1 Whether there is sufficient evidence to require a jury direction regarding the accused's intoxication on the charge of murder

Ratio Decidendi

Intoxication was not sufficiently in issue on the evidence to require a direction to the jury; the accused did not positively assert intoxication as a relevant circumstance affecting his intent, and the observations by witnesses were neither substantial nor directly related to a capacity to form intent at the relevant time.

Court Disposition

Application refused

Orders

  • I refuse the application to give the jury an intoxication direction.