R v Heggie [2004] NSWSC 723

R v Heggie [2004] NSWSC 723

Dowd J directed the jury that verdicts available were guilty of murder, guilty of manslaughter, or not guilty of murder or manslaughter, and explained that the Crown bore the burden of proving all elements beyond reasonable doubt, including negativing defence of another person. No final verdict or dispositive ruling is recorded in the text.

Jurisdiction
Australia
Judgment Date
01 July 2004
Procedural Posture
Criminal Trial on Indictment for Murder With Alternative Verdict of Manslaughter / Summing Up to Jury
Outcome
No final decision recorded; matter was summed up to the jury for deliberation.
Legal Topics
['murder' 'manslaughter' 'defence of Another Person' 'self Defence' 'jury Directions' 'onus and Standard of Proof' 'good Character Evidence' 'expert Evidence' 'intention']
['criminal Law' 'criminal Procedure' 'evidence'] ['murder' 'manslaughter' 'defence of Another Person' 'self Defence' 'jury Directions' 'onus and Standard of Proof' 'good Character Evidence' 'expert Evidence' 'intention']

Case Brief

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Procedural Posture

Criminal Trial on Indictment for Murder With Alternative Verdict of Manslaughter / Summing Up to Jury

Legal Issues

  1. 1 ['Whether the accused did the act which caused the death of Jamie Robb.' 'Whether the act was deliberate.' 'Whether the accused acted with an intention to kill or to inflict grievous bodily harm.' 'Whether the Crown negatived defence of another person in relation to Christine Dawson.' 'If murder was not proved, whether the stabbing amounted to manslaughter by an unlawful and dangerous act.' 'Whether any belief by the accused that his conduct was necessary in defence of Christine Dawson was held, and whether the response was reasonable in the circumstances as he perceived them.']

Ratio Decidendi

Dowd J directed the jury that verdicts available were guilty of murder, guilty of manslaughter, or not guilty of murder or manslaughter, and explained that the Crown bore the burden of proving all elements beyond reasonable doubt, including negativing defence of another person. No final verdict or dispositive ruling is recorded in the text.

Court Disposition

No final decision recorded; matter was summed up to the jury for deliberation.

Orders

  • []