Flanagan v R [2013] NSWCCA 320

Flanagan v R [2013] NSWCCA 320

Leave to raise grounds 1, 2 and 3 was refused because self-defence, accidental wounding, and lawfulness by self-defence or citizen's arrest were not sufficiently raised by the evidence and the directions given did not occasion a miscarriage of justice. Leave was granted for ground 4, but the ground was rejected because, on an independent assessment of the CCTV footage, medical evidence, blood trail, clothing evidence and surrounding circumstances, it was open to the jury to be satisfied beyond reasonable doubt that the appellant deliberately inflicted the complainant's wound.

Jurisdiction
Australia
Judgment Date
20 December 2013
Procedural Posture
Criminal Appeal Against Conviction / Court of Criminal Appeal Judgment; Leave Required Under the Criminal Appeal Rules, R 4 for Grounds 1, 2 and 3; Leave Granted to Advance Ground 4
Outcome
Appeal dismissed; leave granted to advance ground 4; leave refused for grounds 1, 2 and 3.
Legal Topics
['wounding With Intent to Cause Grievous Bodily Harm' 'affray' 'self Defence' 'accidental Wounding' 'jury Directions' 'unreasonable Verdict' 'appeals Bail' 'parole Order']
['criminal Law' 'criminal Procedure' 'evidence' 'sentencing'] ['wounding With Intent to Cause Grievous Bodily Harm' 'affray' 'self Defence' 'accidental Wounding' 'jury Directions' 'unreasonable Verdict' 'appeals Bail' 'parole Order']

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Procedural Posture

Criminal Appeal Against Conviction / Court of Criminal Appeal Judgment; Leave Required Under the Criminal Appeal Rules, R 4 for Grounds 1, 2 and 3; Leave Granted to Advance Ground 4

Legal Issues

  1. 1 ["Whether the trial judge's failure to leave self-defence to the jury occasioned a miscarriage of justice." "Whether the trial judge's failure to explain the legal consequences of an accidental wounding occasioned a miscarriage of justice." "Whether the trial judge's summing up on affray, including the statement that there was nothing to suggest the acts were lawful, occasioned a miscarriage of justice." 'Whether the verdict was unreasonable or could not be supported having regard to the evidence.']

Ratio Decidendi

Leave to raise grounds 1, 2 and 3 was refused because self-defence, accidental wounding, and lawfulness by self-defence or citizen's arrest were not sufficiently raised by the evidence and the directions given did not occasion a miscarriage of justice. Leave was granted for ground 4, but the ground was rejected because, on an independent assessment of the CCTV footage, medical evidence, blood trail, clothing evidence and surrounding circumstances, it was open to the jury to be satisfied beyond reasonable doubt that the appellant deliberately inflicted the complainant's wound.

Court Disposition

Appeal dismissed; leave granted to advance ground 4; leave refused for grounds 1, 2 and 3.

Orders

  • ['Leave granted to advance ground 4.' 'Appeal dismissed.' 'Under the Criminal Appeal Act 1912, s 28A, the sentence imposed on the appellant in the District Court of New South Wales on 28 June 2012 for the offence of wounding with intent to cause grievous bodily harm is to re-commence today, Friday 20 December 2013....