R v Egan [2021] NSWSC 1623

Procedural Posture

Murder Trial; Procedural Ruling on Jury Direction Concerning Intoxication and Voluntariness / During Trial, After the Accused Pleaded Guilty to Manslaughter by Unlawful and Dangerous Act

Legal Issues

1. 1 ['Whether s 428G of the Crimes Act 1900 (NSW) prohibited the jury from taking evidence of self-induced intoxication into account when deciding whether the particular stabbing movement was a willed act.' 'Whether a disputed fact about the voluntariness of the particular stabbing movement was an actus reus element of the offence or an evidentiary matter relevant to proof of the mental elements for murder.']

Ratio Decidendi

Section 428G did not prohibit the jury from considering self-induced intoxication on whether the particular stabbing movement was willed, because the accused did not dispute the voluntary physical element of homicide or murder as a whole; the disputed issue was an evidentiary matter accepted by the Crown as an indispensable intermediate fact in proving the specific intent for murder, not a disputed actus reus element to which s 428G applied.

Court Disposition

Jury direction made permitting intoxication to be taken into account on the conceded indispensable intermediate fact.

Orders

• ['Direct the jury that intoxication can be taken into account in determining whether the conceded indispensable intermediate fact of the stabbing having been underpinned by a willed act has been established beyond reasonable doubt.']