Mitchell Cosh v R [2019] NSWDC 110

Mitchell Cosh v R [2019] NSWDC 110

After reviewing the CCTV footage, including frame by frame, the Court was not persuaded that the Magistrate erred in finding that the victim was not stepping towards the appellant immediately before the punch. In the context that the appellant drove to the service station, approached and confronted the victim while the victim was finishing refuelling, the Crown proved beyond reasonable doubt that striking the victim was not a reasonable response in the circumstances as the appellant perceived them to be, thereby eliminating self-defence.

Jurisdiction
Australia
Judgment Date
28 March 2019
Procedural Posture
Criminal Conviction Appeal / Appeal From Local Court Conviction by Rehearing on Transcript and Exhibits
Outcome
Appeal dismissed
Legal Topics
['self Defence' 'recklessly Causing Grievous Bodily Harm' 'conviction Appeal']
['criminal Law'] ['self Defence' 'recklessly Causing Grievous Bodily Harm' 'conviction Appeal']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal Conviction Appeal / Appeal From Local Court Conviction by Rehearing on Transcript and Exhibits

Legal Issues

  1. 1 ['Whether the Magistrate correctly found that the Crown had negatived self-defence under sections 418 and 419 of the Crimes Act 1900.' 'Whether the CCTV footage showed the victim stepping towards the appellant immediately before the appellant struck him.' "Whether the appellant's punch was a reasonable response in the circumstances as he perceived them."]

Ratio Decidendi

After reviewing the CCTV footage, including frame by frame, the Court was not persuaded that the Magistrate erred in finding that the victim was not stepping towards the appellant immediately before the punch. In the context that the appellant drove to the service station, approached and confronted the victim while the victim was finishing refuelling, the Crown proved beyond reasonable doubt that striking the victim was not a reasonable response in the circumstances as the appellant perceived them to be, thereby eliminating self-defence.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed']