R v JM (Verdict) [2024] NSWSC 773

R v JM (Verdict) [2024] NSWSC 773

The accused was not guilty of murder as the prosecution failed to disprove self-defence beyond reasonable doubt. However, his response in using the knife with intent to cause grievous bodily harm was not a reasonable response to the circumstances as he perceived them, thus falling within excessive self-defence and giving rise to manslaughter pursuant to s 421 of the Crimes Act. The accused was acquitted of wounding Hayden with intent to cause grievous bodily harm as the intent was not proved, and self-defence could not be excluded for lesser reckless wounding either.

Jurisdiction
Australia
Judgment Date
21 June 2024
Procedural Posture
Criminal / Trial Verdict (judge Alone)
Outcome
Accused found not guilty of murder but guilty of manslaughter; accused found not guilty of wounding with intent to cause grievous bodily harm.
Legal Topics
['murder' 'manslaughter' 'wounding With Intent' 'self Defence' 'excessive Self Defence' 'cognitive Impairment' 'foetal Alcohol Spectrum Disorder' 'substantial Impairment' 'trial by Judge Alone']
['criminal Law'] ['murder' 'manslaughter' 'wounding With Intent' 'self Defence' 'excessive Self Defence' 'cognitive Impairment' 'foetal Alcohol Spectrum Disorder' 'substantial Impairment' 'trial by Judge Alone']

Case Brief

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Procedural Posture

Criminal / Trial Verdict (judge Alone)

Legal Issues

  1. 1 ['Whether the accused is guilty of murder or manslaughter in the death of Liam' 'Whether the accused is guilty of wounding with intent to cause grievous bodily harm to Hayden' 'Whether the accused was acting in self-defence or excessive self-defence' "Whether the accused's cognitive impairment (FASD) amounts to a defence of substantial impairment"]

Ratio Decidendi

The accused was not guilty of murder as the prosecution failed to disprove self-defence beyond reasonable doubt. However, his response in using the knife with intent to cause grievous bodily harm was not a reasonable response to the circumstances as he perceived them, thus falling within excessive self-defence and giving rise to manslaughter pursuant to s 421 of the Crimes Act. The accused was acquitted of wounding Hayden with intent to cause grievous bodily harm as the intent was not proved, and self-defence could not be excluded for lesser reckless wounding either.

Court Disposition

Accused found not guilty of murder but guilty of manslaughter; accused found not guilty of wounding with intent to cause grievous bodily harm.

Orders

  • ['On count 1 (murder of Liam): accused not guilty of murder, guilty of manslaughter.' 'On count 2 (wounding of Hayden): accused not guilty of wounding with intent to cause grievous bodily harm.']