Regina v A S Moffatt [No 1] [1999] NSWSC 168

Regina v A S Moffatt [No 1] [1999] NSWSC 168

There is evidence, if accepted by a jury, that the actions of the accused were the substantial or significant, or operating cause, of death, and that possible alternative causes not connected to the accused have been excluded. Accordingly, the application for a verdict by direction is dismissed.

Jurisdiction
Australia
Judgment Date
08 March 1999
Procedural Posture
Criminal / Application for Verdict by Direction at the Close of the Crown Case
Outcome
Application for verdict by direction dismissed
Legal Topics
['practice & Procedure' 'causation' 'application for Verdict by Direction']
['criminal Law'] ['practice & Procedure' 'causation' 'application for Verdict by Direction']

Case Brief

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Procedural Posture

Criminal / Application for Verdict by Direction at the Close of the Crown Case

Legal Issues

  1. 1 ['Whether there is evidence upon which the Crown could establish, beyond reasonable doubt, that the actions of the accused caused the death of the deceased.']

Ratio Decidendi

There is evidence, if accepted by a jury, that the actions of the accused were the substantial or significant, or operating cause, of death, and that possible alternative causes not connected to the accused have been excluded. Accordingly, the application for a verdict by direction is dismissed.

Court Disposition

Application for verdict by direction dismissed

Orders

  • ['Application for verdict by direction is dismissed.']