R v Morris [2021] NSWDC 209

The evidence, taken at its highest, is incapable of establishing criminal negligence or sufficient causation to support the charge of manslaughter; thus, the proceedings are 'doomed to fail'. Pursuing the proceedings would be an abuse of process. Therefore, a permanent stay is warranted and ordered.

Parties: Prosecutor: The Crown; Accused: Neil Douglas Morris
Jurisdiction: Australia
Judgment Date: 13 April 2021
Procedural Posture: Criminal / Application for Permanent Stay of Proceedings
Outcome: Application for permanent stay of proceedings granted
Legal Topics: Manslaughter, Permanent Stay of Proceedings, Abuse of Process, Criminal Negligence

Criminal Law Manslaughter Permanent Stay of Proceedings Abuse of Process Criminal Negligence

Case Brief

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Full judgment text Downloadable case file Legal principles 6 Authorities cited 11 Party arguments 2

Parties

The Crown

Prosecutor

Neil Douglas Morris

Accused

Procedural Posture

Criminal / Application for Permanent Stay of Proceedings

Legal Issues

1 Whether the proceedings should be permanently stayed as an abuse of process
2 Whether the prosecution evidence is capable of establishing criminal negligence against the accused
3 Whether the prosecution evidence is capable of establishing causation between the alleged omission and the death of the deceased

Ratio Decidendi

Court Disposition

Application for permanent stay of proceedings granted

Orders

Application by Mr Morris for permanent stay of proceedings is granted
Any non-publication or suppression restrictions previously made are lifted so there is no obstacle to publication