Delaney v R [2023] NSWCCA 181

Delaney v R [2023] NSWCCA 181

The jury was entitled to find beyond reasonable doubt that the applicant's assault, including knee-blows to the deceased’s abdomen, caused the ruptured spleen resulting in death, and that the applicant intended to inflict grievous bodily harm; the alternative hypotheses of causation were not sufficiently supported by the evidence to render the verdict unsafe or unreasonable.

Jurisdiction
Australia
Judgment Date
24 July 2023
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
['appeal Against Conviction' 'murder' 'manslaughter' 'causation' 'intention' 'unreasonable Verdict']
['criminal Law'] ['appeal Against Conviction' 'murder' 'manslaughter' 'causation' 'intention' 'unreasonable Verdict']

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 Appeal / Appeal Against Conviction

Legal Issues

  1. 1 ['Whether the jury verdict was unreasonable or could not be supported having regard to the evidence within the meaning of s 6 of the Criminal Appeal Act 1912 (NSW)' "Whether, on the evidence, the jury must have entertained a doubt that one or more blows inflicted by the applicant caused Mr Baxter's death" 'Whether, on the evidence, the jury must have entertained a doubt that the applicant intended either to kill Mr Baxter or to cause him grievous bodily harm']

Ratio Decidendi

The jury was entitled to find beyond reasonable doubt that the applicant's assault, including knee-blows to the deceased’s abdomen, caused the ruptured spleen resulting in death, and that the applicant intended to inflict grievous bodily harm; the alternative hypotheses of causation were not sufficiently supported by the evidence to render the verdict unsafe or unreasonable.

Court Disposition

appeal dismissed

Orders

  • ['Leave to appeal out of time granted.' 'Leave to appeal granted.' 'Appeal dismissed.']