R v Singh (No 2) [2019] NSWSC 1410

R v Singh (No 2) [2019] NSWSC 1410

The Crown was not permitted to put the alternate bases to the jury because Royall v The Queen did not support the proposition that the accused could be guilty of murder if the deceased poured accelerant on herself and later ignited herself out of fear caused by unknown means. There was no evidence of any act or threat by Mr Singh done with intent to kill or inflict grievous bodily harm that significantly or substantially contributed to her death, and no basis other than speculation for the Crown's proposed alternate case.

Jurisdiction
Australia
Judgment Date
09 October 2019
Procedural Posture
Criminal Murder Trial / Procedural Ruling on Whether Crown Alternate Bases for Guilt Could Be Put to the Jury
Outcome
The Crown's alternate bases for a finding of guilt were not permitted to be put to the jury.
Legal Topics
['murder' 'jury Directions' 'crown Closing Address' 'alternate Bases for Guilt' 'causation' 'self Preservation' 'royall V the Queen']
['criminal Law' 'criminal Procedure'] ['murder' 'jury Directions' 'crown Closing Address' 'alternate Bases for Guilt' 'causation' 'self Preservation' 'royall V the Queen']

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Procedural Posture

Criminal Murder Trial / Procedural Ruling on Whether Crown Alternate Bases for Guilt Could Be Put to the Jury

Legal Issues

  1. 1 ['Whether the Crown could put alternate bases for murder to the jury based on the deceased pouring accelerant on herself or igniting herself out of fear of the accused.' "Whether Royall v The Queen supported an alternate basis that the deceased's self-harm by fire could be treated as caused by the accused's conduct." 'Whether there was evidence of an act or threat by the accused done with intent to kill or inflict grievous bodily harm that caused the deceased to ignite herself.']

Ratio Decidendi

The Crown was not permitted to put the alternate bases to the jury because Royall v The Queen did not support the proposition that the accused could be guilty of murder if the deceased poured accelerant on herself and later ignited herself out of fear caused by unknown means. There was no evidence of any act or threat by Mr Singh done with intent to kill or inflict grievous bodily harm that significantly or substantially contributed to her death, and no basis other than speculation for the Crown's proposed alternate case.

Court Disposition

The Crown's alternate bases for a finding of guilt were not permitted to be put to the jury.

Orders

  • ["The Crown's alternate bases for a finding of guilt are not permitted to be put to the jury."]