Moussa v R [2017] NSWCCA 237

Moussa v R [2017] NSWCCA 237

Applying IL v The Queen [2017] HCA 27, s 18 of the Crimes Act 1900 (NSW) does not encompass a self-killing. Because the manslaughter case was left to the jury on the basis that the deceased's own act causing his death could be attributed to the appellant through joint criminal enterprise, the conviction for manslaughter could not stand. The trial judge's direction that the appellant was as liable for the death as the deceased who struck the match was erroneous and resulted in a miscarriage of justice.

Jurisdiction
Australia
Judgment Date
04 October 2017
Procedural Posture
Criminal Appeal Against Conviction / Court of Criminal Appeal, Supreme Court of New South Wales
Outcome
Appeal allowed; appellant's conviction for manslaughter quashed.
Legal Topics
['joint Criminal Enterprise' 'manslaughter' 'self Killing' 'unlawful and Dangerous Act' 'jury Directions' 'leave to Appeal']
['criminal Law' 'criminal Appeals'] ['joint Criminal Enterprise' 'manslaughter' 'self Killing' 'unlawful and Dangerous Act' 'jury Directions' 'leave to Appeal']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction / Court of Criminal Appeal, Supreme Court of New South Wales

Legal Issues

  1. 1 ["Whether a manslaughter conviction under s 18(1)(b) of the Crimes Act 1900 (NSW) can stand where the act causing death was the deceased co-venturer's own act causing his own death in the course of a joint criminal enterprise." "Whether the trial judge's direction that the appellant was as liable for the death as Paul Ribbons who struck the match was erroneous and caused a miscarriage of justice." 'Whether leave should be granted under r 4 of the Criminal Appeal Rules (NSW) for a ground concerning the summing up that was not the subject of complaint at trial.']

Ratio Decidendi

Applying IL v The Queen [2017] HCA 27, s 18 of the Crimes Act 1900 (NSW) does not encompass a self-killing. Because the manslaughter case was left to the jury on the basis that the deceased's own act causing his death could be attributed to the appellant through joint criminal enterprise, the conviction for manslaughter could not stand. The trial judge's direction that the appellant was as liable for the death as the deceased who struck the match was erroneous and resulted in a miscarriage of justice.

Court Disposition

Appeal allowed; appellant's conviction for manslaughter quashed.

Orders

  • ['Leave is granted to the appellant to bring ground 2(a) of the amended grounds of appeal.' 'Appeal allowed.' "Quash the appellant's conviction for manslaughter contrary to s 18(1)(b) of the Crimes Act 1900."]