Douglass v R [2020] NSWCCA 284

Procedural Posture

Criminal Appeal Against Conviction for Murder and Sentence Appeal / Application for Leave to Appeal and Appeal in the Court of Criminal Appeal

Legal Issues

1. 1 ['Whether the verdict of guilty of murder was unreasonable and could not be supported by the evidence.' 'Whether the trial judge erred in directions to the jury concerning causation.' "Whether a miscarriage of justice was occasioned by reception of evidence of the applicant's admissions, including by reference to ss 84 and 90 of the Evidence Act 1995 (NSW)." 'Whether the trial judge erred in failing to leave an alternative verdict of manslaughter to the jury.' 'Whether leave should be granted under Rule 4 of the Criminal Appeal Rules to argue the failure to leave manslaughter to the jury.']

Ratio Decidendi

The conviction appeal succeeded because manslaughter by unlawful and dangerous act was a viable alternative on the evidence in the context of the Crown case based on extended joint criminal enterprise, and the jury was wrongly deprived of that alternative verdict. The other conviction grounds failed: the verdict was not unreasonable, the causation directions did not cause a miscarriage of justice, and the admissions ground was not made out. The appropriate disposition was to quash the murder conviction and order a retrial.

Court Disposition

Leave to appeal granted; appeal against conviction allowed on Ground 4 only; murder conviction quashed; retrial ordered; other grounds dismissed; sentence appeal not considered because the conviction appeal was allowed.

Orders

• ['Leave to appeal granted.' 'Leave granted under Rule 4 of the Criminal Appeal Rules to argue the failure to leave manslaughter to the jury.' 'Ground 4 of the appeal against conviction allowed.' 'All other grounds of appeal are dismissed.' 'The conviction of the applicant on the charge that between 6 August 2016 and...