R v Stephen (No. 4) [2018] NSWSC 169

R v Stephen (No. 4) [2018] NSWSC 169

Once murder was no longer before the jury by directed verdict, the special considerations concerning the indivisibility of murder and manslaughter and pathways away from murder no longer applied; because the Crown prosecutor expressly eschewed manslaughter by unlawful and dangerous act and relied only on excessive self-defence manslaughter, the alternative formulation should not be left to the jury.

Jurisdiction
Australia
Judgment Date
20 February 2018
Procedural Posture
Criminal Law Procedural Ruling in Jury Trial / Ruling on Whether Manslaughter by Unlawful and Dangerous Act Should Be Left to the Jury After the Crown No Longer Sought a Murder Verdict
Outcome
Manslaughter by unlawful and dangerous act not to be left to the consideration of the jury.
Legal Topics
['murder' 'manslaughter' 'unlawful and Dangerous Act Manslaughter' 'excessive Self Defence' 'directed Verdict' 'jury Directions']
['criminal Law' 'criminal Procedure'] ['murder' 'manslaughter' 'unlawful and Dangerous Act Manslaughter' 'excessive Self Defence' 'directed Verdict' 'jury Directions']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Law Procedural Ruling in Jury Trial / Ruling on Whether Manslaughter by Unlawful and Dangerous Act Should Be Left to the Jury After the Crown No Longer Sought a Murder Verdict

Legal Issues

  1. 1 ['Whether manslaughter by unlawful and dangerous act should be left to the jury as an alternative basis of liability when the accused had been arraigned on murder but the Crown sought only excessive self-defence manslaughter.' 'Whether a trial judge is obliged to leave a viable alternative basis for manslaughter when murder is no longer before the jury and the Crown expressly eschews that basis.']

Ratio Decidendi

Once murder was no longer before the jury by directed verdict, the special considerations concerning the indivisibility of murder and manslaughter and pathways away from murder no longer applied; because the Crown prosecutor expressly eschewed manslaughter by unlawful and dangerous act and relied only on excessive self-defence manslaughter, the alternative formulation should not be left to the jury.

Court Disposition

Manslaughter by unlawful and dangerous act not to be left to the consideration of the jury.

Orders

  • ['Manslaughter by unlawful and dangerous act not to be left to the consideration of the jury.']