R v Maybir (No 6) [2015] NSWSC 1741

R v Maybir (No 6) [2015] NSWSC 1741

The case was not an exceptional case warranting an inquiry of the jury as to the basis of any manslaughter verdict. Asking the jury to resolve whether it was unanimous as to unlawful and dangerous act manslaughter, in circumstances where criminal negligence manslaughter was conceded, risked disagreement, confusion and uncertainty, and had limited utility for sentencing.

Jurisdiction
Australia
Judgment Date
16 November 2015
Procedural Posture
Criminal Trial Involving Murder and Manslaughter / Procedural Ruling During Summing Up to Jury on Whether to Ask the Jury the Basis of Any Manslaughter Verdict
Outcome
Request to judge to question jury as to basis for verdict of guilty to manslaughter refused
Legal Topics
['jury Directions' 'manslaughter' 'criminal Negligence Manslaughter' 'unlawful and Dangerous Act Manslaughter' 'basis of Verdict']
['criminal Law' 'criminal Procedure'] ['jury Directions' 'manslaughter' 'criminal Negligence Manslaughter' 'unlawful and Dangerous Act Manslaughter' 'basis of Verdict']

Case Brief

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Procedural Posture

Criminal Trial Involving Murder and Manslaughter / Procedural Ruling During Summing Up to Jury on Whether to Ask the Jury the Basis of Any Manslaughter Verdict

Legal Issues

  1. 1 ['Whether the trial judge should direct or ask the jury to determine the basis upon which any verdict of guilty of manslaughter was arrived at where manslaughter was left on the bases of criminal negligence and unlawful and dangerous act.' 'Whether the case was an exceptional case justifying departure from the general approach that trial judges should refrain from asking a jury the basis of a manslaughter verdict.']

Ratio Decidendi

The case was not an exceptional case warranting an inquiry of the jury as to the basis of any manslaughter verdict. Asking the jury to resolve whether it was unanimous as to unlawful and dangerous act manslaughter, in circumstances where criminal negligence manslaughter was conceded, risked disagreement, confusion and uncertainty, and had limited utility for sentencing.

Court Disposition

Request to judge to question jury as to basis for verdict of guilty to manslaughter refused

Orders

  • ['The request that the judge proceed in the manner sought by the accused was refused.']