Regina v Goff [2000] NSWCCA 194

Regina v Goff [2000] NSWCCA 194

The conviction was quashed due to the trial judge's failure to direct the jury on the issue of self defence, which was supported by evidence and was a live issue in the case; counsel's views or decisions cannot relieve the trial judge of this obligation, resulting in a miscarriage of justice.

Jurisdiction
Australia
Judgment Date
11 May 2000
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal allowed; conviction and sentence quashed; new trial ordered; resentencing on other counts.
Legal Topics
['manslaughter' 'self Defence' 'jury Directions' 'resentencing' 'appeal Against Conviction']
['criminal Law'] ['manslaughter' 'self Defence' 'jury Directions' 'resentencing' 'appeal Against Conviction']

Case Brief

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Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 ['Whether the trial judge erred by failing to direct the jury about self defence' 'Whether the trial judge erred in failing to define the meaning of an unlawful and dangerous act' "Whether the trial judge erred by instructing the jury to disregard counsel's statement on reasonable doubt"]

Ratio Decidendi

The conviction was quashed due to the trial judge's failure to direct the jury on the issue of self defence, which was supported by evidence and was a live issue in the case; counsel's views or decisions cannot relieve the trial judge of this obligation, resulting in a miscarriage of justice.

Court Disposition

Appeal allowed; conviction and sentence quashed; new trial ordered; resentencing on other counts.

Orders

  • ['On first indictment, appeal allowed, conviction and sentence quashed, new trial ordered.' 'On second indictment, leave to appeal against sentence granted and appeal allowed.' 'Sentences on counts 2, 3 and 4 of the second indictment quashed and replaced with concurrent terms: count 2 – two years imprisonment from...