R v Crane & Ors (Trial Ruling No 10) [2022] NSWSC 1227

R v Crane & Ors (Trial Ruling No 10) [2022] NSWSC 1227

Section 421 was not engaged and excessive self-defence could not be left to the jury because the Crown did not allege or prove that Symons' or McDonald's individual acts independently caused death, and their liability for fatal blows depended on proof that they acted in furtherance of a pre-existing joint criminal enterprise. If the jury were not satisfied that their acts were in furtherance of that agreement and that they were not responding defensively to a perceived threat, they would be entitled to acquittal rather than a manslaughter verdict. There was also no evidence from which the jury could find beyond reasonable doubt that, in the six seconds after any shouted warning about a...

Jurisdiction
Australia
Judgment Date
05 July 2022
Procedural Posture
Criminal Trial Ruling Concerning Murder and Jury Directions / Trial Ruling on Self Defence and Excessive Self Defence Directions
Outcome
Jury directions settled; s 421 excessive self-defence not left to the jury.
Legal Topics
['murder' 'self Defence' 'excessive Self Defence' 'joint Criminal Enterprise' 'extended Common Purpose' 'jury Directions' 'manslaughter']
['criminal Law' 'criminal Procedure'] ['murder' 'self Defence' 'excessive Self Defence' 'joint Criminal Enterprise' 'extended Common Purpose' 'jury Directions' 'manslaughter']

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Procedural Posture

Criminal Trial Ruling Concerning Murder and Jury Directions / Trial Ruling on Self Defence and Excessive Self Defence Directions

Legal Issues

  1. 1 ['Whether the jury should be directed under ss 418 and 421 of the Crimes Act 1900 (NSW) in relation to self-defence raised by Adam Symons and Beau McDonald.' "Whether the accused's acts were in furtherance of a joint criminal enterprise or a response to a perceived threat from Clint Starkey." 'Whether excessive self-defence could be left to the jury as a basis for a manslaughter verdict.' 'Whether there was evidence of an instantaneous tacit agreement to assault Clint Starkey in self-defence after a shouted warning about a gun.']

Ratio Decidendi

Section 421 was not engaged and excessive self-defence could not be left to the jury because the Crown did not allege or prove that Symons' or McDonald's individual acts independently caused death, and their liability for fatal blows depended on proof that they acted in furtherance of a pre-existing joint criminal enterprise. If the jury were not satisfied that their acts were in furtherance of that agreement and that they were not responding defensively to a perceived threat, they would be entitled to acquittal rather than a manslaughter verdict. There was also no evidence from which the jury could find beyond reasonable doubt that, in the six seconds after any shouted warning about a...

Court Disposition

Jury directions settled; s 421 excessive self-defence not left to the jury.

Orders

  • ['Jury directions settled.']