Regina v Munro [2001] NSWCCA 187

Regina v Munro [2001] NSWCCA 187

The trial judge was entitled to find beyond reasonable doubt that when the fatal blows were struck, the appellant had ceased to believe it was necessary to act in self-defence and had no reasonable grounds for such belief; the Act did not modify the common law but codified it; the appeal grounds were not made out.

Jurisdiction
Australia
Judgment Date
18 May 2001
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
['manslaughter' 'self Defence' 'home Invasion (occupants Protection) Act 1998']
['criminal Law'] ['manslaughter' 'self Defence' 'home Invasion (occupants Protection) Act 1998']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 ['Whether the verdict was unreasonable and not supported by the evidence' 'Whether the occasion for self-defence had ceased when the fatal blows were struck' 'Whether there was evidence to support the finding that the fatal head injury to the victim was inflicted by the last blow or blows delivered immediately before he fell to the ground' 'Whether the Act declared and clarified the common law' 'Whether the Act extended the rights of an occupier at common law']

Ratio Decidendi

The trial judge was entitled to find beyond reasonable doubt that when the fatal blows were struck, the appellant had ceased to believe it was necessary to act in self-defence and had no reasonable grounds for such belief; the Act did not modify the common law but codified it; the appeal grounds were not made out.

Court Disposition

appeal dismissed

Orders

  • ['Appeal against conviction dismissed.']