R v Anthony Mark James [2015] NSWSC 1831

R v Anthony Mark James [2015] NSWSC 1831

It is reasonably possible that the accused believed his conduct was necessary to defend himself and that his response was reasonable in the circumstances as he perceived them; the prosecution failed to exclude self-defence beyond reasonable doubt, so the accused is found not guilty.

Jurisdiction
Australia
Judgment Date
03 December 2015
Procedural Posture
Criminal / Verdict After Judge Alone Trial
Outcome
not guilty
Legal Topics
['manslaughter' 'self Defence' 'unlawful and Dangerous Act' 'reasonable Response']
['criminal Law'] ['manslaughter' 'self Defence' 'unlawful and Dangerous Act' 'reasonable Response']

Case Brief

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Procedural Posture

Criminal / Verdict After Judge Alone Trial

Legal Issues

  1. 1 ["Whether the accused's conduct was a reasonable response to the circumstances as he perceived them under self-defence" 'Whether the accused believed his conduct was necessary to defend himself' 'Whether the prosecution proved beyond reasonable doubt the absence of self-defence']

Ratio Decidendi

It is reasonably possible that the accused believed his conduct was necessary to defend himself and that his response was reasonable in the circumstances as he perceived them; the prosecution failed to exclude self-defence beyond reasonable doubt, so the accused is found not guilty.

Court Disposition

not guilty

Orders

  • ['Verdict of not guilty']