R v Philip Wan Por Leung [2011] NSWSC 785

R v Philip Wan Por Leung [2011] NSWSC 785

The evidence, taken at its highest for the Crown, inevitably left significant gaps such that a verdict of guilt would require impermissible conjecture regarding both the accused's acts and the cause of death. Thus, there was no case fit for jury determination, and an acquittal must be directed.

Jurisdiction
Australia
Judgment Date
29 July 2011
Procedural Posture
Criminal / Directed Verdict After Trial Evidence; Judgment on No Case Submission
Outcome
Directed verdict of acquittal
Legal Topics
['manslaughter' 'directed Verdict' 'no Case to Answer' 'circumstantial Evidence']
['criminal Law'] ['manslaughter' 'directed Verdict' 'no Case to Answer' 'circumstantial Evidence']

Case Brief

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Procedural Posture

Criminal / Directed Verdict After Trial Evidence; Judgment on No Case Submission

Legal Issues

  1. 1 ['Whether the evidence was sufficient for a jury to convict the accused of manslaughter' 'Whether the cause of death and alleged acts of the accused could be established beyond permissible conjecture']

Ratio Decidendi

The evidence, taken at its highest for the Crown, inevitably left significant gaps such that a verdict of guilt would require impermissible conjecture regarding both the accused's acts and the cause of death. Thus, there was no case fit for jury determination, and an acquittal must be directed.

Court Disposition

Directed verdict of acquittal

Orders

  • ['Jury directed to deliver verdict of not guilty to manslaughter charge']