R v Johnson [2021] NSWSC 1405

R v Johnson [2021] NSWSC 1405

Self-defence was sufficiently raised. The Crown did not prove beyond reasonable doubt that the accused did not believe his conduct was necessary to defend himself, particularly given the unreliable and inconsistent evidence of Mr Gee, contemporaneous statements that the accused had been attacked or was to be bashed, and the reasonable possibility of a physical altercation involving Mr O'Brien and Mr Gee. However, the accused accepted, and the Court found, that the force used was not a reasonable response to the circumstances as he perceived them. Under s 421 of the Crimes Act 1900 (NSW), the accused was therefore not guilty of murder but guilty of manslaughter.

Jurisdiction
Australia
Judgment Date
04 November 2021
Procedural Posture
Criminal Trial for Murder / Judge Alone Trial; Verdict and Conviction
Outcome
The accused was found not guilty of murder but guilty of manslaughter, convicted of manslaughter, and remanded in custody for sentencing.
Legal Topics
['murder' 'manslaughter' 'excessive Self Defence' 'trial by Judge Alone' 'burden of Proof' 'assessment of Witness Reliability']
['criminal Law' 'criminal Procedure' 'evidence'] ['murder' 'manslaughter' 'excessive Self Defence' 'trial by Judge Alone' 'burden of Proof' 'assessment of Witness Reliability']

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Procedural Posture

Criminal Trial for Murder / Judge Alone Trial; Verdict and Conviction

Legal Issues

  1. 1 ["Whether the Crown proved beyond reasonable doubt that the accused murdered Steven Michael O'Brien contrary to s 18(1)(a) of the Crimes Act 1900 (NSW)." 'Whether self-defence was properly raised within the meaning of s 419 of the Crimes Act 1900 (NSW).' 'Whether the Crown proved beyond reasonable doubt that the accused did not believe his conduct was necessary to defend himself.' 'Whether the accused used excessive force so that s 421 of the Crimes Act 1900 (NSW) made him guilty of manslaughter rather than murder.' 'Whether the Crown established that the accused went to the premises to foment conflict or act as a provocateur.']

Ratio Decidendi

Self-defence was sufficiently raised. The Crown did not prove beyond reasonable doubt that the accused did not believe his conduct was necessary to defend himself, particularly given the unreliable and inconsistent evidence of Mr Gee, contemporaneous statements that the accused had been attacked or was to be bashed, and the reasonable possibility of a physical altercation involving Mr O'Brien and Mr Gee. However, the accused accepted, and the Court found, that the force used was not a reasonable response to the circumstances as he perceived them. Under s 421 of the Crimes Act 1900 (NSW), the accused was therefore not guilty of murder but guilty of manslaughter.

Court Disposition

The accused was found not guilty of murder but guilty of manslaughter, convicted of manslaughter, and remanded in custody for sentencing.

Orders

  • ['The accused is not guilty of murder but guilty of manslaughter.' 'The accused is convicted of manslaughter.' 'The accused is remanded in custody for sentencing.']