Jacobs v R [2009] NSWSC 473

Jacobs v R [2009] NSWSC 473

The evidence could not have supported a case that Mr Jacobs intended to kill the deceased, so a prosecution for murder was bound to fail. As to manslaughter, Prof Yeo's evidence that Mr Jacobs suffered spinal shock was critical and uncontradicted; in the absence of evidence explaining the actual sequence of events or contradicting that opinion, no finding was reasonably possible that would exclude the defendant's belief in the need to defend himself or the reasonableness of his response. Because it would not have been reasonable to institute proceedings for murder or manslaughter and the Crown did not rely on any contributing act or omission by the defendant, the certificate should be...

Jurisdiction
Australia
Judgment Date
05 June 2009
Procedural Posture
Criminal Costs Application Under the Costs in Criminal Cases Act 1967 / Application for a Certificate After Acquittal of Murder and Alternative Manslaughter Following Trial Without a Jury
Outcome
Application upheld; certificate granted.
Legal Topics
['costs in Criminal Cases' 'certificate After Acquittal' 'murder' 'manslaughter' 'reasonableness of Instituting Proceedings']
['criminal Law' 'costs'] ['costs in Criminal Cases' 'certificate After Acquittal' 'murder' 'manslaughter' 'reasonableness of Instituting Proceedings']

Case Brief

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Procedural Posture

Criminal Costs Application Under the Costs in Criminal Cases Act 1967 / Application for a Certificate After Acquittal of Murder and Alternative Manslaughter Following Trial Without a Jury

Legal Issues

  1. 1 ['Whether the defendant should be granted a certificate pursuant to s 2 of the Costs in Criminal Cases Act 1967.' 'Whether, if the prosecution had before proceedings were instituted been in possession of evidence of all relevant facts, it would not have been reasonable to institute proceedings for murder.' 'Whether, if the prosecution had before proceedings were instituted been in possession of evidence of all relevant facts, it would not have been reasonable to institute proceedings for manslaughter.' 'Whether any act or omission of the defendant contributed, or might have contributed, to the institution or continuation of the proceedings.']

Ratio Decidendi

The evidence could not have supported a case that Mr Jacobs intended to kill the deceased, so a prosecution for murder was bound to fail. As to manslaughter, Prof Yeo's evidence that Mr Jacobs suffered spinal shock was critical and uncontradicted; in the absence of evidence explaining the actual sequence of events or contradicting that opinion, no finding was reasonably possible that would exclude the defendant's belief in the need to defend himself or the reasonableness of his response. Because it would not have been reasonable to institute proceedings for murder or manslaughter and the Crown did not rely on any contributing act or omission by the defendant, the certificate should be...

Court Disposition

Application upheld; certificate granted.

Orders

  • ['Grant the defendant a certificate pursuant to s 2 of the Costs in Criminal Cases Act 1967 in the form attached to these reasons.' 'I grant to the defendant a certificate pursuant to s 2 of the Costs in Criminal Cases Act 1967 in the form annexed to these reasons.']