Grogan v R [2016] NSWCCA 168

Grogan v R [2016] NSWCCA 168

The evidence did not support an inference that the appellant intended to cause grievous bodily harm to the deceased; constructive murder was not made out as the taking of the laptop may have been an opportunistic afterthought and there was a reasonable possibility the assault was for reasons other than robbery. Therefore, the verdict of murder was unreasonable and cannot stand. The requirements of s 7(2) Criminal Appeal Act 1912 (NSW) for substituting a manslaughter verdict were not met; a retrial for manslaughter is ordered.

Parties
Appellant: Jason Mark Grogan; Respondent: Regina
Jurisdiction
Australia
Judgment Date
19 August 2016
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
appeal allowed; conviction quashed; retrial ordered for manslaughter
Legal Topics
Murder, Manslaughter, Admissibility of Evidence, Inferences, Flight, Intent, Constructive Murder, Verdicts, Resentencing
Criminal Law Murder Manslaughter Admissibility of Evidence Inferences Flight Intent Constructive Murder +2 more

Case Brief

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Parties

Jason Mark Grogan

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the verdict of murder was unreasonable and not supported by the evidence
  2. 2 Whether intent to cause grievous bodily harm could be inferred
  3. 3 Whether constructive murder was made out on facts

Ratio Decidendi

The evidence did not support an inference that the appellant intended to cause grievous bodily harm to the deceased; constructive murder was not made out as the taking of the laptop may have been an opportunistic afterthought and there was a reasonable possibility the assault was for reasons other than robbery. Therefore, the verdict of murder was unreasonable and cannot stand. The requirements of s 7(2) Criminal Appeal Act 1912 (NSW) for substituting a manslaughter verdict were not met; a retrial for manslaughter is ordered.

Court Disposition

appeal allowed; conviction quashed; retrial ordered for manslaughter

Orders

  • Allow the appeal
  • Quash the Appellant's conviction on a charge of murder and the sentence imposed by RA Hulme J on 8 November 2013