R v Bushell (No 18) [2023] NSWSC 1454

R v Bushell (No 18) [2023] NSWSC 1454

Because the Drug Misuse and Trafficking Act 1985 (NSW) creates criminal offences relating to administration of illicit drugs, and the death was a direct consequence of that administration, proof beyond reasonable doubt that the accused participated by administering or aiding and abetting the administration of the illicit drug would establish an unlawful act for manslaughter. Consent of the deceased, if any, is irrelevant to that unlawfulness; whether the act was dangerous is for the jury.

Jurisdiction
Australia
Judgment Date
05 September 2023
Procedural Posture
Criminal Proceedings Involving Murder With Manslaughter as an Alternative Statutory Offence / Procedural Ruling During Jury Trial on Jury Questions and Written Directions
Outcome
The Jury will be informed that consent of the deceased is irrelevant to unlawfulness for the purpose of manslaughter by an unlawful and dangerous act.
Legal Topics
['manslaughter by Unlawful and Dangerous Act' 'administration of Illicit Drugs' 'consent to Assault' 'aiding and Abetting' 'jury Directions']
['criminal Law'] ['manslaughter by Unlawful and Dangerous Act' 'administration of Illicit Drugs' 'consent to Assault' 'aiding and Abetting' 'jury Directions']

Case Brief

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Procedural Posture

Criminal Proceedings Involving Murder With Manslaughter as an Alternative Statutory Offence / Procedural Ruling During Jury Trial on Jury Questions and Written Directions

Legal Issues

  1. 1 ["Whether the deceased's consent was relevant to unlawfulness for manslaughter by an unlawful and dangerous act where the death followed administration of an illicit mixture of cocaine and heroin." 'Whether reliance on ss 12, 13 and 14 of the Drug Misuse and Trafficking Act 1985 (NSW) changed the Crown case.' 'Whether dangerousness of the act was a matter for the jury.' 'Whether the accused needed to be aware that there was no consent.']

Ratio Decidendi

Because the Drug Misuse and Trafficking Act 1985 (NSW) creates criminal offences relating to administration of illicit drugs, and the death was a direct consequence of that administration, proof beyond reasonable doubt that the accused participated by administering or aiding and abetting the administration of the illicit drug would establish an unlawful act for manslaughter. Consent of the deceased, if any, is irrelevant to that unlawfulness; whether the act was dangerous is for the jury.

Court Disposition

The Jury will be informed that consent of the deceased is irrelevant to unlawfulness for the purpose of manslaughter by an unlawful and dangerous act.

Orders

  • ['The Jury will be informed that consent of the deceased in this case is irrelevant to unlawfulness for the purpose of manslaughter by an unlawful and dangerous act.']