Regina v Taylor [2002] NSWSC 610

Regina v Taylor [2002] NSWSC 610

Proceedings for the murder offence were instituted no later than 5 October 2001, when the indictment was presented before Kirby J and the accused was arraigned and pleaded not guilty. The later indictments presented on 25 and 26 March 2002 were the same indictment in a new form relating to the same charge, not independent and separate indictments instituting fresh proceedings. Because proceedings for the offence were instituted before 22 February 2002, s 423 of the Crimes Act 1900 excluded the application of Division 3 of Part 11, and the Crimes Amendment Self-defence Act 2001 did not apply to the trial.

Jurisdiction
Australia
Judgment Date
30 April 2002
Procedural Posture
Criminal Prosecution for Murder / Ruling During Jury Trial Before Closing Addresses on Whether the Crimes Amendment Self Defence Act 2001 Applied
Outcome
The Crown submission was accepted; the Crimes Amendment Self-defence Act 2001 has no application to the trial.
Legal Topics
['self Defence' 'transitional Provisions' 'institution of Proceedings' 'indictment' 'arraignment']
['criminal Law' 'criminal Procedure' 'statutory Interpretation'] ['self Defence' 'transitional Provisions' 'institution of Proceedings' 'indictment' 'arraignment']

Case Brief

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Procedural Posture

Criminal Prosecution for Murder / Ruling During Jury Trial Before Closing Addresses on Whether the Crimes Amendment Self Defence Act 2001 Applied

Legal Issues

  1. 1 ["Whether Division 3 of Part 11 of the Crimes Act 1900, introduced by the Crimes Amendment Self-defence Act 2001, applied to the accused's trial." 'Whether proceedings for the murder offence were instituted before the commencement of Division 3 for the purposes of s 423 of the Crimes Act 1900.' 'Whether the indictments presented on 25 March 2002 and 26 March 2002 constituted fresh proceedings or were the same indictment in a new form.']

Ratio Decidendi

Proceedings for the murder offence were instituted no later than 5 October 2001, when the indictment was presented before Kirby J and the accused was arraigned and pleaded not guilty. The later indictments presented on 25 and 26 March 2002 were the same indictment in a new form relating to the same charge, not independent and separate indictments instituting fresh proceedings. Because proceedings for the offence were instituted before 22 February 2002, s 423 of the Crimes Act 1900 excluded the application of Division 3 of Part 11, and the Crimes Amendment Self-defence Act 2001 did not apply to the trial.

Court Disposition

The Crown submission was accepted; the Crimes Amendment Self-defence Act 2001 has no application to the trial.

Orders

  • ['The Crimes Amendment Self-defence Act 2001 has no application to this trial.']