R v Officer A (No 2) [2022] NSWSC 1381

R v Officer A (No 2) [2022] NSWSC 1381

The lawful excuse to be put to the jury is that provided for in clause 303 of the Crimes (Administration of Sentences) Regulation 2014 (NSW), without regard to clause 131 thereof; the specific authority for discharge of firearms prevails over the more general provisions concerning use of force.

Source-derived case information.

Parties
Crown: Rex; Accused: Officer A
Jurisdiction
Australia
Judgment Date
14 October 2022
Procedural Posture
Criminal / Procedural Ruling Before Trial Jury Directions
Outcome
Procedural ruling: lawful excuse for jury is clause 303 only
Legal Topics
Lawful Excuse in Homicide, Authority of Correctional Officers, Use of Force, Discharge of Firearms, Statutory Interpretation
Criminal Law Lawful Excuse in Homicide Authority of Correctional Officers Use of Force Discharge of Firearms Statutory Interpretation

Source-derived case record

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Parties

Rex

Crown

Officer A

Accused

Procedural Posture

Criminal / Procedural Ruling Before Trial Jury Directions

Legal Issues

  1. 1 Whether the lawful excuse to be put to the jury is that found in clause 131 or clause 303 of the Crimes (Administration of Sentences) Regulation 2014 (NSW) or both
  2. 2 Whether the Crown must disprove both or need only disprove one
  3. 3 How to reconcile conflicting statutory provisions regarding use of force and discharge of firearms

Ratio Decidendi

The lawful excuse to be put to the jury is that provided for in clause 303 of the Crimes (Administration of Sentences) Regulation 2014 (NSW), without regard to clause 131 thereof; the specific authority for discharge of firearms prevails over the more general provisions concerning use of force.

Court Disposition

Procedural ruling: lawful excuse for jury is clause 303 only

Orders

  • The lawful excuse that will be put to the jury will be that provided for in clause 303 of the Crimes (Administration of Sentences) Regulation 2014 (NSW) without regard to clause 131 thereof.