R v Katherine Abdallah (No 5) [2017] NSWSC 1672

R v Katherine Abdallah (No 5) [2017] NSWSC 1672

The complaints made by the accused's counsel do not amount to a proper basis to discharge the jury; the Crown's submissions were open and appropriately directed towards the essential elements of manslaughter and the issue of self-defence.

Parties
Crown: Regina; Accused: Katherine Abdallah
Jurisdiction
Australia
Judgment Date
22 November 2017
Procedural Posture
Criminal / Jury Trial—application for Discharge of Jury During Crown Closing Address
Outcome
Application refused
Legal Topics
Jury Discharge, Self Defence, Manslaughter by Unlawful and Dangerous Act, Crown Closing Address
Criminal Law Jury Discharge Self Defence Manslaughter by Unlawful and Dangerous Act Crown Closing Address

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Parties

Regina

Crown

Katherine Abdallah

Accused

Procedural Posture

Criminal / Jury Trial—application for Discharge of Jury During Crown Closing Address

Legal Issues

  1. 1 Whether the language used by the Crown in closing address warranted discharge of the jury
  2. 2 Whether Crown's submissions were inappropriate for trial for manslaughter where self-defence is an issue
  3. 3 Whether reference to 'aim' and 'deliberately' suggested murder rather than manslaughter

Ratio Decidendi

The complaints made by the accused's counsel do not amount to a proper basis to discharge the jury; the Crown's submissions were open and appropriately directed towards the essential elements of manslaughter and the issue of self-defence.

Court Disposition

Application refused

Orders

  • The application for discharge of the jury is refused.