Regina v Kanaan [2005] NSWCCA 385

Regina v Kanaan [2005] NSWCCA 385

There was insufficient viable evidence to support a manslaughter verdict in relation to either deceased, and even if slight evidence existed regarding a struggle with one victim (Michael Hurle), the cumulative evidence (number of shots, rapidity, proximity, and conduct) led necessarily to intention to cause grievous bodily harm or kill. Absence of alternative verdict did not amount to miscarriage of justice. Directions to jury were adequate, fresh evidence regarding police conduct and ballistics did not warrant a new trial, and sentencing judge's conclusions were properly inferable.

Parties
Respondent: Regina; Appellant: Michael Kanaan
Jurisdiction
Australia
Judgment Date
17 November 2005
Procedural Posture
Criminal Appeal / Court of Criminal Appeal; Appeal From Conviction and Sentence
Outcome
Appeal against conviction dismissed; leave to appeal against sentence granted but appeal dismissed
Legal Topics
Murder, Manslaughter, Malicious Wounding, Jury Directions, Alternative Verdicts, Fresh Evidence, Alibi, Corroboration, Consciousness of Guilt
Criminal Law Murder Manslaughter Malicious Wounding Jury Directions Alternative Verdicts Fresh Evidence Alibi +2 more

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Parties

Regina

Respondent

Michael Kanaan

Appellant

Procedural Posture

Criminal Appeal / Court of Criminal Appeal; Appeal From Conviction and Sentence

Legal Issues

  1. 1 Whether manslaughter should have been left as an alternative verdict to the jury in a murder trial
  2. 2 Whether trial judge erred in directions regarding evidence and summing-up
  3. 3 Whether fresh evidence warranted a miscarriage of justice

Ratio Decidendi

There was insufficient viable evidence to support a manslaughter verdict in relation to either deceased, and even if slight evidence existed regarding a struggle with one victim (Michael Hurle), the cumulative evidence (number of shots, rapidity, proximity, and conduct) led necessarily to intention to cause grievous bodily harm or kill. Absence of alternative verdict did not amount to miscarriage of justice. Directions to jury were adequate, fresh evidence regarding police conduct and ballistics did not warrant a new trial, and sentencing judge's conclusions were properly inferable.

Court Disposition

Appeal against conviction dismissed; leave to appeal against sentence granted but appeal dismissed

Orders

  • The appeal against conviction is dismissed
  • Leave to appeal against the sentences imposed is granted, but the appeal is dismissed