Field v R [2015] NSWCCA 332

Field v R [2015] NSWCCA 332

The conviction appeal failed because, on an independent assessment of the whole of the evidence, the Crown proved beyond reasonable doubt that the applicant's punch caused Mr Kane's death. Although the medical evidence did not exclude the theoretical possibility of an earlier fatal blow, no witness saw Mr Fathers land a forceful punch, witnesses in close proximity would likely have seen such a blow, several witnesses saw only one punch followed by immediate collapse, and the inconsistencies in the evidence did not create a reasonable doubt. The sentence appeal failed because the sentencing judge's material findings about objective seriousness, including substantial force, lack of...

Jurisdiction
Australia
Judgment Date
23 December 2015
Procedural Posture
Criminal Appeal Against Conviction and Sentence / Application for Leave to Appeal Against Conviction and Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal against conviction and sentence granted but the appeals dismissed
Legal Topics
['manslaughter' 'unreasonable Verdict' 'single Punch Fatality' 'witness Inconsistencies' 'circumstantial Evidence' 'manifest Excess' 'objective Seriousness' 'general Deterrence']
['criminal Law' 'sentencing' 'evidence'] ['manslaughter' 'unreasonable Verdict' 'single Punch Fatality' 'witness Inconsistencies' 'circumstantial Evidence' 'manifest Excess' 'objective Seriousness' 'general Deterrence']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the jury's verdict of guilty of manslaughter was unreasonable or could not be supported having regard to the whole of the evidence under s 6(1) of the Criminal Appeal Act 1912 (NSW)." 'Whether inconsistencies between witness accounts gave rise to a reasonable doubt that the applicant, rather than Shaun Fathers, delivered the fatal blow.' 'Whether the sentence of 10 years imprisonment with a non-parole period of 7 years and 6 months was manifestly excessive.' "Whether the sentencing judge's findings about the objective seriousness of the offence were open on the evidence."]

Ratio Decidendi

The conviction appeal failed because, on an independent assessment of the whole of the evidence, the Crown proved beyond reasonable doubt that the applicant's punch caused Mr Kane's death. Although the medical evidence did not exclude the theoretical possibility of an earlier fatal blow, no witness saw Mr Fathers land a forceful punch, witnesses in close proximity would likely have seen such a blow, several witnesses saw only one punch followed by immediate collapse, and the inconsistencies in the evidence did not create a reasonable doubt. The sentence appeal failed because the sentencing judge's material findings about objective seriousness, including substantial force, lack of...

Court Disposition

Leave to appeal against conviction and sentence granted but the appeals dismissed

Orders

  • ['Leave to appeal against conviction granted.' 'Appeal against conviction dismissed.' 'Leave to appeal against sentence granted.' 'Appeal against sentence dismissed.']