R v AN; R v LM [2022] NSWSC 776

R v AN; R v LM [2022] NSWSC 776

The Crown did not prove beyond reasonable doubt that the acts of the accused were a substantial or significant cause of death. The expert evidence did not exclude methamphetamine toxicity as a reasonable possibility for the cause of death, and the removal of the tape at the relevant time meant airway obstruction could not be proved as the cause of death. Accordingly, the accused are acquitted of murder but convicted on their pleas to the foundational offence under s 86(3) of the Crimes Act 1900 (NSW).

Parties
Prosecution: Regina; Accused: AN; Accused: LM
Jurisdiction
Australia
Judgment Date
16 June 2022
Procedural Posture
Criminal / Verdict and Conviction Following Judge Alone Trial
Outcome
Accused AN and LM acquitted of murder, convicted of offence under s 86(3) Crimes Act 1900 (NSW); matters stood over for sentencing.
Legal Topics
Murder, Constructive Murder, Causation, Expert Evidence, Methamphetamine Toxicity, Airway Obstruction, Assault Occasioning Actual Bodily Harm, Judge Alone Trial, Standard of Proof
Criminal Law Murder Constructive Murder Causation Expert Evidence Methamphetamine Toxicity Airway Obstruction Assault Occasioning Actual Bodily Harm +2 more

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Parties

Regina

Prosecution

AN

Accused

LM

Accused

Procedural Posture

Criminal / Verdict and Conviction Following Judge Alone Trial

Legal Issues

  1. 1 Whether the acts of the accused were a substantial or significant cause of death (causation)
  2. 2 Whether the Crown had excluded methamphetamine toxicity as a reasonable cause of death
  3. 3 Whether craniofacial trauma with airway obstruction was the cause of death

Ratio Decidendi

The Crown did not prove beyond reasonable doubt that the acts of the accused were a substantial or significant cause of death. The expert evidence did not exclude methamphetamine toxicity as a reasonable possibility for the cause of death, and the removal of the tape at the relevant time meant airway obstruction could not be proved as the cause of death. Accordingly, the accused are acquitted of murder but convicted on their pleas to the foundational offence under s 86(3) of the Crimes Act 1900 (NSW).

Court Disposition

Accused AN and LM acquitted of murder, convicted of offence under s 86(3) Crimes Act 1900 (NSW); matters stood over for sentencing.

Orders

  • AN is convicted of the offence charged under s 86(3) of the Crimes Act 1900 (NSW).
  • AN found not guilty of murder.