R v Katarzynski [2002] NSWSC 613

R v Katarzynski [2002] NSWSC 613

Section 418 of the Crimes Act 1900 (NSW) is not a codification of the common law position in R v Conlon. Under s 418, self-defence requires a subjective inquiry into whether the accused believed the conduct was necessary and an objective assessment of whether the conduct was a reasonable response to the circumstances as the accused perceived them. The accused's intoxication is relevant to the subjective belief and perceived circumstances, but is irrelevant to whether the response was reasonable.

Jurisdiction
Australia
Judgment Date
09 July 2002
Procedural Posture
Criminal Trial for Murder / Ruling or Direction During Jury Trial on Self Defence and Intoxication
Outcome
The Court accepted the Crown's submission and directed the jury that intoxication was relevant to the accused's belief and perception of circumstances, but not to the reasonableness of his response.
Legal Topics
['murder' 'self Defence' 'excessive Self Defence' 'self Induced Intoxication' 'criminal Responsibility']
['criminal Law and Procedure'] ['murder' 'self Defence' 'excessive Self Defence' 'self Induced Intoxication' 'criminal Responsibility']

Case Brief

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Procedural Posture

Criminal Trial for Murder / Ruling or Direction During Jury Trial on Self Defence and Intoxication

Legal Issues

  1. 1 ["Whether, under s 418 of the Crimes Act 1900 (NSW), the accused's self-induced intoxication is relevant to determining whether he believed his conduct was necessary in self-defence." "Whether the accused's self-induced intoxication is relevant to assessing whether his conduct was a reasonable response in the circumstances as he perceived them." 'Whether the statutory provisions in Part 11 Division 3 of the Crimes Act 1900 (NSW) departed from the common law position stated in R v Conlon.']

Ratio Decidendi

Section 418 of the Crimes Act 1900 (NSW) is not a codification of the common law position in R v Conlon. Under s 418, self-defence requires a subjective inquiry into whether the accused believed the conduct was necessary and an objective assessment of whether the conduct was a reasonable response to the circumstances as the accused perceived them. The accused's intoxication is relevant to the subjective belief and perceived circumstances, but is irrelevant to whether the response was reasonable.

Court Disposition

The Court accepted the Crown's submission and directed the jury that intoxication was relevant to the accused's belief and perception of circumstances, but not to the reasonableness of his response.

Orders

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