R v Keith Harold ALLEN [2013] NSWSC 614

R v Keith Harold ALLEN [2013] NSWSC 614

The Court found that there was a reasonable possibility that Mr Allen acted in defence of Ms A and that the force he used was reasonable given the immediate threat posed by Mr Sutton. The prosecution did not prove beyond reasonable doubt that Mr Allen did not act in defence of another, nor that the force was unreasonable. Accordingly, the accused was entitled to an acquittal.

Parties
Prosecution: Regina; Accused: Keith Harold Allen
Jurisdiction
Australia
Judgment Date
22 May 2013
Procedural Posture
Criminal / Judge Alone Trial Reasons for Verdict
Outcome
Accused found not guilty and acquitted of murder.
Legal Topics
Murder, Defence of Another, Self Defence, Manslaughter
Criminal Law Murder Defence of Another Self Defence Manslaughter

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Keith Harold Allen

Accused

Procedural Posture

Criminal / Judge Alone Trial Reasons for Verdict

Legal Issues

  1. 1 Whether the accused acted in defence of another when he shot and killed Mr Sutton
  2. 2 Whether the force used by the accused was reasonable in all the circumstances
  3. 3 Whether the second shot was fired when Mr Sutton was no longer a threat

Ratio Decidendi

The Court found that there was a reasonable possibility that Mr Allen acted in defence of Ms A and that the force he used was reasonable given the immediate threat posed by Mr Sutton. The prosecution did not prove beyond reasonable doubt that Mr Allen did not act in defence of another, nor that the force was unreasonable. Accordingly, the accused was entitled to an acquittal.

Court Disposition

Accused found not guilty and acquitted of murder.

Orders

  • Accused acquitted of murder.