R v Biljuh (No 5) [2015] NSWSC 775

R v Biljuh (No 5) [2015] NSWSC 775

On the undisputed Crown evidence, the proposition that the perpetrator merely committed manslaughter was not viable because strangling an elderly woman into unconsciousness, dragging her, inflicting injuries, and applying duct tape over her entire face could not be done without at least an intention to inflict grievous bodily harm; there was no evidence to support leaving manslaughter to the jury.

Jurisdiction
Australia
Judgment Date
15 June 2015
Procedural Posture
Criminal Trial on a Count of Murder / Procedural Ruling Before Final Addresses on Whether to Leave Manslaughter as an Alternative Verdict
Outcome
Manslaughter not left to the jury.
Legal Topics
['murder' 'manslaughter' 'alternative Verdict' 'practice and Procedure' 'intention to Kill or Inflict Grievous Bodily Harm']
['criminal Law'] ['murder' 'manslaughter' 'alternative Verdict' 'practice and Procedure' 'intention to Kill or Inflict Grievous Bodily Harm']

Case Brief

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Procedural Posture

Criminal Trial on a Count of Murder / Procedural Ruling Before Final Addresses on Whether to Leave Manslaughter as an Alternative Verdict

Legal Issues

  1. 1 ['Whether manslaughter should be left to the jury as a viable alternative verdict on a count of murder.' 'Whether there was evidence in the trial capable of supporting an absence of intention to kill or inflict grievous bodily harm.']

Ratio Decidendi

On the undisputed Crown evidence, the proposition that the perpetrator merely committed manslaughter was not viable because strangling an elderly woman into unconsciousness, dragging her, inflicting injuries, and applying duct tape over her entire face could not be done without at least an intention to inflict grievous bodily harm; there was no evidence to support leaving manslaughter to the jury.

Court Disposition

Manslaughter not left to the jury.

Orders

  • ['Manslaughter will not be left to the jury.']