REGINA v. SCHUBERT [2000] NSWSC 1127

REGINA v. SCHUBERT [2000] NSWSC 1127

The deceased was an intruder within the Home Invasion (Occupants Protection) Act 1998 and the accused was an occupant. In light of the violent home invasion, the assaults on the accused and her fiance, the accused's intellectual impairment and perceptions, and the unreliability of key Crown witnesses on contested matters, the Court was not satisfied beyond reasonable doubt either that the accused had the requisite intent for murder or that the Crown had rebutted self-defence or the statutory immunity. The accused was therefore not guilty of murder or manslaughter.

Jurisdiction
Australia
Judgment Date
05 December 2000
Procedural Posture
Criminal Trial for Murder / Judge Alone Trial; Verdict and Judgment of Acquittal
Outcome
Not guilty of murder and not guilty of manslaughter; judgment of acquittal entered.
Legal Topics
['murder' 'manslaughter' 'self Defence' 'defence of Others' 'home Invasion' 'intent' 'burden and Standard of Proof' 'judge Alone Trial' 'reasons for Acquittal']
['criminal Law'] ['murder' 'manslaughter' 'self Defence' 'defence of Others' 'home Invasion' 'intent' 'burden and Standard of Proof' 'judge Alone Trial' 'reasons for Acquittal']

Case Brief

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Procedural Posture

Criminal Trial for Murder / Judge Alone Trial; Verdict and Judgment of Acquittal

Legal Issues

  1. 1 ['Whether the Crown proved beyond reasonable doubt the elements of murder, including the requisite intent.' "Whether the Crown proved beyond reasonable doubt that the accused's act causing death was not done in self-defence or defence of another." 'Whether the Home Invasion (Occupants Protection) Act 1998 applied to confer immunity from criminal liability.' 'Whether it was necessary to consider provocation or manslaughter if self-defence or statutory immunity was not rebutted.' 'What reasons should be given on an acquittal in a judge-alone criminal trial.']

Ratio Decidendi

The deceased was an intruder within the Home Invasion (Occupants Protection) Act 1998 and the accused was an occupant. In light of the violent home invasion, the assaults on the accused and her fiance, the accused's intellectual impairment and perceptions, and the unreliability of key Crown witnesses on contested matters, the Court was not satisfied beyond reasonable doubt either that the accused had the requisite intent for murder or that the Crown had rebutted self-defence or the statutory immunity. The accused was therefore not guilty of murder or manslaughter.

Court Disposition

Not guilty of murder and not guilty of manslaughter; judgment of acquittal entered.

Orders

  • ['Verdict of not guilty on the charge of murder.' 'Verdict of not guilty on the charge of manslaughter.' 'Judgment of acquittal entered.']