R v DO, Manh Viet [2001] NSWCCA 19

R v DO, Manh Viet [2001] NSWCCA 19

It was open to the jury to be satisfied beyond reasonable doubt that the appellant's conduct constituted criminal negligence because he knew the danger of pointing a loaded shotgun at someone, loaded the shotgun, moved the safety on and off, pointed it at Mr Le and pulled the trigger several times, creating an extreme and obvious risk that Mr Le would be killed if proper care was not taken.

Jurisdiction
Australia
Judgment Date
09 February 2001
Procedural Posture
Criminal Appeal / Appeal Against Conviction From the District Court; Appeal Against Sentence Not Maintained
Outcome
Appeal dismissed.
Legal Topics
['manslaughter' 'criminal Negligence' 'unsafe or Unsatisfactory Verdict' 'firearms']
['criminal Law'] ['manslaughter' 'criminal Negligence' 'unsafe or Unsatisfactory Verdict' 'firearms']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction From the District Court; Appeal Against Sentence Not Maintained

Legal Issues

  1. 1 ['Whether, on the whole of the evidence, it was open to the jury to be satisfied beyond reasonable doubt that the appellant was guilty of manslaughter by criminal negligence.' "Whether the appellant's act of loading a shotgun, moving the safety on and off, pointing it at the deceased and pulling the trigger constituted criminal negligence."]

Ratio Decidendi

It was open to the jury to be satisfied beyond reasonable doubt that the appellant's conduct constituted criminal negligence because he knew the danger of pointing a loaded shotgun at someone, loaded the shotgun, moved the safety on and off, pointed it at Mr Le and pulled the trigger several times, creating an extreme and obvious risk that Mr Le would be killed if proper care was not taken.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal is dismissed.']