Abdallah v R [2016] NSWCCA 275

Abdallah v R [2016] NSWCCA 275

Because the written jury directions erroneously stated that consideration of excessive self-defence manslaughter was required even where the Crown had failed to exclude self-defence beyond reasonable doubt, and this constituted a fundamental misdirection, the conviction for manslaughter cannot stand. As it cannot be excluded beyond reasonable doubt that the applicant was denied a chance of acquittal, a new trial is required.

Jurisdiction
Australia
Judgment Date
02 December 2016
Procedural Posture
Conviction Appeal / Appeal Determination
Outcome
Appeal upheld; conviction quashed; new trial ordered
Legal Topics
['manslaughter' 'self Defence' 'excessive Self Defence' 'jury Directions' 'miscarriage of Justice']
['criminal Law'] ['manslaughter' 'self Defence' 'excessive Self Defence' 'jury Directions' 'miscarriage of Justice']

Case Brief

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Procedural Posture

Conviction Appeal / Appeal Determination

Legal Issues

  1. 1 ['Whether proper directions were given as to manslaughter by excessive self-defence' 'Whether erroneous directions led to a miscarriage of justice' 'Adequacy of directions as to lies and consciousness of guilt' 'Whether the verdict was unreasonable']

Ratio Decidendi

Because the written jury directions erroneously stated that consideration of excessive self-defence manslaughter was required even where the Crown had failed to exclude self-defence beyond reasonable doubt, and this constituted a fundamental misdirection, the conviction for manslaughter cannot stand. As it cannot be excluded beyond reasonable doubt that the applicant was denied a chance of acquittal, a new trial is required.

Court Disposition

Appeal upheld; conviction quashed; new trial ordered

Orders

  • ['The appeal against conviction is upheld.' 'The conviction for manslaughter is quashed.' 'There should be a new trial on a count of manslaughter.']