R v Jacobs (No 7) [2013] NSWSC 948

R v Jacobs (No 7) [2013] NSWSC 948

Although the evidence strongly suggested that the shooter was very close to the deceased and other matters militated against leaving manslaughter, the applicable test was only whether manslaughter was viable. Applying the cautious approach of the Court of Criminal Appeal and taking account of defence counsel's submission, manslaughter was viable, though only barely, and should be left to the jury.

Jurisdiction
Australia
Judgment Date
11 July 2013
Procedural Posture
Criminal Proceeding / Procedural Ruling During Jury Trial on Whether Manslaughter Should Be Left to the Jury
Outcome
Manslaughter is to be left for consideration by the jury.
Legal Topics
['manslaughter as Alternative Verdict' 'murder Mental Element' 'directions to Jury' 'viability of Alternative Verdict']
['criminal Law' 'criminal Procedure'] ['manslaughter as Alternative Verdict' 'murder Mental Element' 'directions to Jury' 'viability of Alternative Verdict']

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Procedural Posture

Criminal Proceeding / Procedural Ruling During Jury Trial on Whether Manslaughter Should Be Left to the Jury

Legal Issues

  1. 1 ['Whether manslaughter should be left for consideration by the jury.' 'Whether a verdict of manslaughter was viable on the evidence as an alternative to murder.']

Ratio Decidendi

Although the evidence strongly suggested that the shooter was very close to the deceased and other matters militated against leaving manslaughter, the applicable test was only whether manslaughter was viable. Applying the cautious approach of the Court of Criminal Appeal and taking account of defence counsel's submission, manslaughter was viable, though only barely, and should be left to the jury.

Court Disposition

Manslaughter is to be left for consideration by the jury.

Orders

  • ['Manslaughter is to be left for consideration by the jury.']