R v Krivosic [2021] NSWSC 506

R v Krivosic [2021] NSWSC 506

It is neither possible nor appropriate to direct the jury on the alternative verdict of manslaughter by criminal negligence, as in the circumstances of this case the accused did not owe a legal duty of care to the deceased that was ascertainable or could be meaningfully explained to the jury.

Parties
Crown: Regina; Accused: Marko Krivosic
Jurisdiction
Australia
Judgment Date
11 May 2021
Procedural Posture
Criminal / Jury Direction/procedural Ruling
Outcome
Jury not to be directed on alternative verdict of manslaughter by criminal negligence; procedural ruling in favour of Crown's submission.
Legal Topics
Manslaughter by Criminal Negligence, Jury Directions, Duty of Care, Scope of Legal Obligations
Criminal Law Manslaughter by Criminal Negligence Jury Directions Duty of Care Scope of Legal Obligations

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Parties

Regina

Crown

Marko Krivosic

Accused

Procedural Posture

Criminal / Jury Direction/procedural Ruling

Legal Issues

  1. 1 Whether it is possible or appropriate to formulate a direction to the jury on the alternative verdict of manslaughter by criminal negligence
  2. 2 Whether the accused owed a duty of care to the deceased
  3. 3 Whether the scope and content of any such hypothetical duty is ascertainable

Ratio Decidendi

It is neither possible nor appropriate to direct the jury on the alternative verdict of manslaughter by criminal negligence, as in the circumstances of this case the accused did not owe a legal duty of care to the deceased that was ascertainable or could be meaningfully explained to the jury.

Court Disposition

Jury not to be directed on alternative verdict of manslaughter by criminal negligence; procedural ruling in favour of Crown's submission.

Orders

  • No direction to the jury on offence of manslaughter by criminal negligence