Beattie v R [2021] NSWCCA 291

Beattie v R [2021] NSWCCA 291

The summing up and directions, considered in context as a whole, did not misdirect the jury or divert them from properly applying the onus and standard of proof regarding the applicant's intoxication and intent. The directions conveyed that the central question was whether the Crown had proved beyond reasonable doubt the necessary intent. There was no miscarriage of justice.

Jurisdiction
Australia
Judgment Date
08 December 2021
Procedural Posture
Criminal Appeal / Final Determination (leave and Appeal Dismissed)
Outcome
Appeal dismissed; extension of time granted; leave to argue ground of appeal refused under r 4.
Legal Topics
['criminal Procedure' 'directions to Jury' 'misdirection' 'intoxication' 'intent']
['criminal Law'] ['criminal Procedure' 'directions to Jury' 'misdirection' 'intoxication' 'intent']

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Procedural Posture

Criminal Appeal / Final Determination (leave and Appeal Dismissed)

Legal Issues

  1. 1 ['Whether effect of directions to jury was to suggest determination of an intermediate fact' 'Whether directions diverted jury from proper application of onus and standard of proof' 'Whether directions as a whole had such an effect' 'Whether miscarriage of justice established']

Ratio Decidendi

The summing up and directions, considered in context as a whole, did not misdirect the jury or divert them from properly applying the onus and standard of proof regarding the applicant's intoxication and intent. The directions conveyed that the central question was whether the Crown had proved beyond reasonable doubt the necessary intent. There was no miscarriage of justice.

Court Disposition

Appeal dismissed; extension of time granted; leave to argue ground of appeal refused under r 4.

Orders

  • ['Extend the time within which the notice of appeal may be filed to 20 April 2021.' 'Refuse leave under r 4 of the Criminal Appeal Rules to argue the ground of appeal specified in the notice of appeal.' 'Dismiss the appeal.']