Regina v Andrew [2000] NSWCCA 310

Regina v Andrew [2000] NSWCCA 310

The jury was not instructed on the correct legal test for causation, and improper directions allowed selection from acts not legally capable of causing death; this constituted fundamental error warranting a new trial.

Parties
Prosecution: Regina; Appellant: Benjamin Bruce Andrew
Jurisdiction
Australia
Judgment Date
17 August 2000
Procedural Posture
Criminal Appeal / Appeal Decision Following Manslaughter Conviction
Outcome
Appeal allowed
Legal Topics
Manslaughter by Unlawful and Dangerous Act, Causation of Death, Principal in the Second Degree, Self Defence, Provocation
Criminal Law Manslaughter by Unlawful and Dangerous Act Causation of Death Principal in the Second Degree Self Defence Provocation

Case Brief

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Parties

Regina

Prosecution

Benjamin Bruce Andrew

Appellant

Procedural Posture

Criminal Appeal / Appeal Decision Following Manslaughter Conviction

Legal Issues

  1. 1 Whether the trial judge correctly directed the jury on causation and on the act or acts said to have caused death
  2. 2 Whether the trial judge correctly directed the jury on unlawful and dangerous act manslaughter
  3. 3 Whether the trial judge correctly directed the jury on self defence as it related to manslaughter

Ratio Decidendi

The jury was not instructed on the correct legal test for causation, and improper directions allowed selection from acts not legally capable of causing death; this constituted fundamental error warranting a new trial.

Court Disposition

Appeal allowed

Orders

  • Order a new trial