R v Stephen (No.6) [2018] NSWSC 243

R v Stephen (No.6) [2018] NSWSC 243

Because the Crown conceded in the presence of the jury that it could not prove beyond reasonable doubt the essential element of intention to cause grievous bodily harm for manslaughter founded upon excessive self-defence and would not seek a guilty verdict, it was inconceivable that the trial could proceed further; the jury was therefore directed to return a verdict of not guilty on manslaughter.

Jurisdiction
Australia
Judgment Date
20 February 2018
Procedural Posture
Criminal Homicide Trial / Procedural Ruling During Jury Trial on Foreshadowed Prasad Direction and Directed Verdict on Manslaughter
Outcome
Verdict of not guilty directed on the count of manslaughter; Ms Stephen was formally acquitted of the two forms of homicide arising from the indictment.
Legal Topics
['trial by Jury' 'manslaughter' 'excessive Self Defence' 'directed Verdict' 'prasad Direction']
['criminal Law' 'criminal Procedure'] ['trial by Jury' 'manslaughter' 'excessive Self Defence' 'directed Verdict' 'prasad Direction']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Homicide Trial / Procedural Ruling During Jury Trial on Foreshadowed Prasad Direction and Directed Verdict on Manslaughter

Legal Issues

  1. 1 ['Whether the trial should continue on the count of manslaughter after the Crown accepted that the essential element of intention to cause grievous bodily harm could not be proven beyond reasonable doubt.' 'Whether a verdict of not guilty should be directed on the remaining count of manslaughter.']

Ratio Decidendi

Because the Crown conceded in the presence of the jury that it could not prove beyond reasonable doubt the essential element of intention to cause grievous bodily harm for manslaughter founded upon excessive self-defence and would not seek a guilty verdict, it was inconceivable that the trial could proceed further; the jury was therefore directed to return a verdict of not guilty on manslaughter.

Court Disposition

Verdict of not guilty directed on the count of manslaughter; Ms Stephen was formally acquitted of the two forms of homicide arising from the indictment.

Orders

  • ['Verdict of not guilty directed on the count of manslaughter.']