Bushell v R [2025] NSWCCA 23

Bushell v R [2025] NSWCCA 23

It is an error to permit the jury to convict for manslaughter where the act causing death was the deceased's own self-injection of drugs and liability is premised on aiding and abetting that act. Section 18 of the Crimes Act 1900 (NSW) is not engaged by self-killing, so a conviction for manslaughter on such a basis cannot stand. The directions given allowed for derivative liability arising from the deceased's own act, contrary to law. The conviction and sentence must be quashed and a new trial ordered.

Parties
Applicant: Daniel Bushell; Respondent: Crown
Jurisdiction
Australia
Judgment Date
07 March 2025
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
For the applicant, appeal upheld, conviction and sentence quashed, new trial ordered on count of manslaughter.
Legal Topics
Appeal Against Conviction, Manslaughter, Murder, Joint Criminal Enterprise, Aiding and Abetting, Unlawful and Dangerous Act, Directions to Jury
Criminal Law Appeal Against Conviction Manslaughter Murder Joint Criminal Enterprise Aiding and Abetting Unlawful and Dangerous Act Directions to Jury

Case Brief

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Parties

Daniel Bushell

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred by permitting the jury to find the applicant guilty of manslaughter in circumstances of a self-killing
  2. 2 Whether the trial judge's directions to the jury were adequate regarding manslaughter with self-administered drugs
  3. 3 Whether the trial was procedurally unfair by introducing a new pathway of liability during deliberations

Ratio Decidendi

It is an error to permit the jury to convict for manslaughter where the act causing death was the deceased's own self-injection of drugs and liability is premised on aiding and abetting that act. Section 18 of the Crimes Act 1900 (NSW) is not engaged by self-killing, so a conviction for manslaughter on such a basis cannot stand. The directions given allowed for derivative liability arising from the deceased's own act, contrary to law. The conviction and sentence must be quashed and a new trial ordered.

Court Disposition

For the applicant, appeal upheld, conviction and sentence quashed, new trial ordered on count of manslaughter.

Orders

  • The Court grants leave to the appellant to add Ground 4 of the Grounds of Appeal in accordance with the document filed 25 February 2025.
  • Grant leave to appeal.