R v Price [2021] NSWSC 1191

R v Price [2021] NSWSC 1191

The Crown failed to prove beyond reasonable doubt that Nathan Joseph Price did not genuinely believe his conduct was necessary to defend himself or his mother, and also failed to prove that his response was not reasonable in the circumstances as he perceived them. Therefore, the Crown did not negative self-defence, and the accused was acquitted of both murder and manslaughter.

Parties
Prosecution: Regina (Crown); Accused: Nathan Joseph Price
Jurisdiction
Australia
Judgment Date
20 September 2021
Procedural Posture
Criminal / Trial Verdict
Outcome
Acquittal
Legal Topics
Murder, Manslaughter, Self Defence, Judge Alone Trial
Criminal Law Murder Manslaughter Self Defence Judge Alone Trial

Case Brief

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Parties

Regina (Crown)

Prosecution

Nathan Joseph Price

Accused

Procedural Posture

Criminal / Trial Verdict

Legal Issues

  1. 1 Whether the Crown has proved beyond reasonable doubt that the conduct of the accused was not done in self-defence
  2. 2 Whether the accused possessed the necessary intent for murder
  3. 3 Whether the conduct was a reasonable response in the circumstances as the accused perceived them

Ratio Decidendi

The Crown failed to prove beyond reasonable doubt that Nathan Joseph Price did not genuinely believe his conduct was necessary to defend himself or his mother, and also failed to prove that his response was not reasonable in the circumstances as he perceived them. Therefore, the Crown did not negative self-defence, and the accused was acquitted of both murder and manslaughter.

Court Disposition

Acquittal

Orders

  • The accused, Nathan Joseph Price, is discharged on this offence.
  • The exhibits may return to the Crown.