R v Abdallah (No 2) [2020] NSWSC 1515

R v Abdallah (No 2) [2020] NSWSC 1515

The Crown failed to negative beyond reasonable doubt that the accused's conduct in stabbing the deceased was not a reasonable response in self-defence given the circumstances as perceived by the accused; therefore, an acquittal of manslaughter is required.

Parties
Crown: Regina; Accused: Katherine Abdallah
Jurisdiction
Australia
Judgment Date
06 November 2020
Procedural Posture
Criminal / Judgment After Judge Alone Trial
Outcome
Acquittal; accused discharged.
Legal Topics
Manslaughter, Self Defence, Reasonable Response, Judge Alone Trial
Criminal Law Manslaughter Self Defence Reasonable Response Judge Alone Trial

Case Brief

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Parties

Regina

Crown

Katherine Abdallah

Accused

Procedural Posture

Criminal / Judgment After Judge Alone Trial

Legal Issues

  1. 1 Whether accused's conduct was a reasonable response in self-defence
  2. 2 Whether the Crown proved accused's conduct was not a reasonable response
  3. 3 Application of self-defence s 418 Crimes Act 1900 (NSW)

Ratio Decidendi

The Crown failed to negative beyond reasonable doubt that the accused's conduct in stabbing the deceased was not a reasonable response in self-defence given the circumstances as perceived by the accused; therefore, an acquittal of manslaughter is required.

Court Disposition

Acquittal; accused discharged.

Orders

  • Katherine Abdallah found not guilty of manslaughter.
  • Katherine Abdallah is discharged.