R v Shiels [2011] NSWSC 1693

R v Shiels [2011] NSWSC 1693

The accused intentionally stabbed the deceased with a knife in a manner implying intent to do grievous bodily harm. The partial defence of substantial impairment failed because any impairment from abnormality of mind was not proved to be substantial and the accused understood events and knew his conduct was wrong. Excessive self-defence failed because the Crown proved beyond reasonable doubt that the accused did not believe stabbing the deceased was necessary to defend himself. Provocation failed because, although the accused lost self-control as a result of the deceased's conduct, the Crown proved beyond reasonable doubt that an ordinary sober person of the accused's age and maturity...

Jurisdiction
Australia
Judgment Date
29 August 2011
Procedural Posture
Criminal Prosecution for Murder / Verdict After Judge Alone Trial
Outcome
Accused found guilty of murder.
Legal Topics
['murder' 'manslaughter' 'substantial Impairment by Abnormality of Mind' 'excessive Self Defence' 'provocation' 'judge Alone Trial']
['criminal Law'] ['murder' 'manslaughter' 'substantial Impairment by Abnormality of Mind' 'excessive Self Defence' 'provocation' 'judge Alone Trial']

Case Brief

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Procedural Posture

Criminal Prosecution for Murder / Verdict After Judge Alone Trial

Legal Issues

  1. 1 ['Whether the accused was guilty of murder or only manslaughter after admitting the act causing death and pleading guilty to manslaughter.' 'Whether the partial defence of substantial impairment by abnormality of mind was established on the balance of probabilities.' 'Whether the Crown proved beyond reasonable doubt that the accused did not act in self-defence for the purposes of excessive self-defence.' 'Whether provocation reduced murder to manslaughter.']

Ratio Decidendi

The accused intentionally stabbed the deceased with a knife in a manner implying intent to do grievous bodily harm. The partial defence of substantial impairment failed because any impairment from abnormality of mind was not proved to be substantial and the accused understood events and knew his conduct was wrong. Excessive self-defence failed because the Crown proved beyond reasonable doubt that the accused did not believe stabbing the deceased was necessary to defend himself. Provocation failed because, although the accused lost self-control as a result of the deceased's conduct, the Crown proved beyond reasonable doubt that an ordinary sober person of the accused's age and maturity...

Court Disposition

Accused found guilty of murder.

Orders

  • ['I find the accused Ronald Shiels guilty of the murder of Trevor Shiels.']