R v Wright; R v Lowe [2009] NSWDC 251

R v Wright; R v Lowe [2009] NSWDC 251

The Court was not satisfied that the Crown was unable to prove causation. Even if the jury accepted as a possibility that the deceased assumed possession of and responsibility for the IED and TATP, the reasonableness of the deceased's conduct was relevant but not necessarily determinative, and a finding that the accuseds' acts significantly contributed to his death could remain open. Causation was a factual question for the jury, and the application for a stay was refused.

Jurisdiction
Australia
Judgment Date
23 September 2009
Procedural Posture
Criminal Prosecution for Manslaughter / Stay Application
Outcome
Application refused
Legal Topics
['manslaughter' 'causation' 'abuse of Process' 'stay of Proceedings' 'unlawful and Dangerous Act']
['criminal Law' 'criminal Procedure'] ['manslaughter' 'causation' 'abuse of Process' 'stay of Proceedings' 'unlawful and Dangerous Act']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Prosecution for Manslaughter / Stay Application

Legal Issues

  1. 1 ["Whether the proceedings should be stayed as an abuse of process on the basis that the Crown could not prove that the accused's acts caused the deceased's death." "Whether the deceased's alleged assumption of possession of and responsibility for the TATP and improvised explosive device broke the chain of causation." 'Whether causation in the circumstances was a question for the jury.']

Ratio Decidendi

The Court was not satisfied that the Crown was unable to prove causation. Even if the jury accepted as a possibility that the deceased assumed possession of and responsibility for the IED and TATP, the reasonableness of the deceased's conduct was relevant but not necessarily determinative, and a finding that the accuseds' acts significantly contributed to his death could remain open. Causation was a factual question for the jury, and the application for a stay was refused.

Court Disposition

Application refused

Orders

  • ['The application is refused.']