Doran v Director of Public Prosecutions; Brunton v Director of Public Prosecutions [2019] NSWSC 1191

Doran v Director of Public Prosecutions; Brunton v Director of Public Prosecutions [2019] NSWSC 1191

The magistrate did not err in law by refusing to take the plaintiffs' intoxication into account when assessing the reasonableness of their conduct under s 418 of the Crimes Act 1900 (NSW). Intoxication could inform their subjective belief and perception of circumstances, but the reasonableness of their response remained an objective assessment in light of those perceived circumstances. On the magistrate's findings, after the Imlay Street adults were retreating, the plaintiffs' continued violence, use of weapons, shattering of the utility windscreen, and threats to kill were not a reasonable response on any objective analysis. The magistrate also did not depart from his ruling concerning...

Jurisdiction
Australia
Judgment Date
11 September 2019
Procedural Posture
Appeals on Questions of Law Under S 52 of the Crimes (appeal and Review) Act 2001 (nsw) Against Local Court Convictions for Affray / Supreme Court Common Law Division Determination of Summonses; Extensions of Time Sought and Appeals Dismissed
Outcome
Extensions of time granted; summonses dismissed; plaintiffs ordered to pay the defendant's costs.
Legal Topics
['self Defence' 'affray' 'self Induced Intoxication' 'objective Reasonableness' 'appeal on Question of Law' 'local Court Convictions']
['criminal Law' 'criminal Procedure' 'appeals'] ['self Defence' 'affray' 'self Induced Intoxication' 'objective Reasonableness' 'appeal on Question of Law' 'local Court Convictions']

Case Brief

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Procedural Posture

Appeals on Questions of Law Under S 52 of the Crimes (appeal and Review) Act 2001 (nsw) Against Local Court Convictions for Affray / Supreme Court Common Law Division Determination of Summonses; Extensions of Time Sought and Appeals Dismissed

Legal Issues

  1. 1 ["Whether, in assessing under s 418 of the Crimes Act 1900 (NSW) whether the plaintiffs' conduct was a reasonable response in the circumstances as perceived by them, it was necessary or permissible to take account of their intoxication." "Whether the magistrate erred in law by excluding the role of self-induced intoxication in the plaintiffs' defence of self-defence." 'Whether, in relation to Chrystian Kenneth Brunton, the magistrate used evidence contrary to an earlier ruling that the evidence against him would be confined to events after the utility arrived.']

Ratio Decidendi

The magistrate did not err in law by refusing to take the plaintiffs' intoxication into account when assessing the reasonableness of their conduct under s 418 of the Crimes Act 1900 (NSW). Intoxication could inform their subjective belief and perception of circumstances, but the reasonableness of their response remained an objective assessment in light of those perceived circumstances. On the magistrate's findings, after the Imlay Street adults were retreating, the plaintiffs' continued violence, use of weapons, shattering of the utility windscreen, and threats to kill were not a reasonable response on any objective analysis. The magistrate also did not depart from his ruling concerning...

Court Disposition

Extensions of time granted; summonses dismissed; plaintiffs ordered to pay the defendant's costs.

Orders

  • ['In relation to proceedings 2018/387743: The time fixed by Pt 51B.6(1) of the Supreme Court Rules 1970 (NSW) is extended to 17 December 2018.' 'In relation to proceedings 2018/387743: Summons dismissed.' "In relation to proceedings 2018/387743: Plaintiffs to pay the defendant's costs of the proceedings." 'In...