Matia v R; R v Matia [2015] NSWCCA 79

Matia v R; R v Matia [2015] NSWCCA 79

The conviction appeal failed because the alleged lie was not circular: evidence, particularly exhibit L, independently placed the applicant beyond the Piano Room entrance, so the jury could find an omission without first finding he struck the deceased. On the whole of the CCTV and eyewitness evidence it was open to the jury to find beyond reasonable doubt that the applicant was the only relevant security guard wearing long dark sleeves, that he was the person shown near the deceased as he fell, and that he struck the deceased. Even if the applicant acted to defend another, the forceful punch was not a reasonable response in the circumstances. The Crown sentence appeal failed because the...

Jurisdiction
Australia
Judgment Date
01 May 2015
Procedural Posture
Criminal Conviction Appeal and Crown Appeal Against Sentence for Manslaughter / Appeal to the NSW Court of Criminal Appeal From the District Court of NSW Decision of Mc Clintock DCJ Dated 14 February 2014
Outcome
Leave to appeal against conviction was granted, but the conviction appeal was dismissed. The Crown appeal against sentence was dismissed.
Legal Topics
['manslaughter' 'unreasonable Verdict' 'identification Evidence' 'cctv Evidence' 'lies as Consciousness of Guilt' 'self Defence and Defence of Another' 'manifest Inadequacy of Sentence']
['criminal Law' 'sentencing' 'criminal Appeals'] ['manslaughter' 'unreasonable Verdict' 'identification Evidence' 'cctv Evidence' 'lies as Consciousness of Guilt' 'self Defence and Defence of Another' 'manifest Inadequacy of Sentence']

Case Brief

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Procedural Posture

Criminal Conviction Appeal and Crown Appeal Against Sentence for Manslaughter / Appeal to the NSW Court of Criminal Appeal From the District Court of NSW Decision of Mc Clintock DCJ Dated 14 February 2014

Legal Issues

  1. 1 ["Whether the trial judge erred in leaving the applicant's Incident Register entry as a lie capable of evidencing consciousness of guilt." 'Whether the verdict of guilty was unreasonable or could not be supported having regard to the evidence, including identification of the applicant and the exclusion of self-defence or defence of another.' 'Whether the sentence imposed for manslaughter was manifestly inadequate.']

Ratio Decidendi

The conviction appeal failed because the alleged lie was not circular: evidence, particularly exhibit L, independently placed the applicant beyond the Piano Room entrance, so the jury could find an omission without first finding he struck the deceased. On the whole of the CCTV and eyewitness evidence it was open to the jury to find beyond reasonable doubt that the applicant was the only relevant security guard wearing long dark sleeves, that he was the person shown near the deceased as he fell, and that he struck the deceased. Even if the applicant acted to defend another, the forceful punch was not a reasonable response in the circumstances. The Crown sentence appeal failed because the...

Court Disposition

Leave to appeal against conviction was granted, but the conviction appeal was dismissed. The Crown appeal against sentence was dismissed.

Orders

  • ['In the conviction appeal, leave to appeal is granted but the appeal is dismissed.' "In the Crown's appeal against sentence, the appeal is dismissed."]