R v Meakin (No. 2) [2016] NSWSC 1035

R v Meakin (No. 2) [2016] NSWSC 1035

There was no evidentiary basis for finding that the accused acted with reckless indifference to human life, as the Crown's own case alleged a deliberate act to kill or do grievous bodily harm. Leaving reckless indifference to the jury would create confusion and distract from the main issue of intent.

Jurisdiction
Australia
Judgment Date
27 July 2016
Procedural Posture
Criminal / Ruling During Trial on Whether Reckless Indifference Should Be Left to Jury
Outcome
Reckless indifference not left to the jury
Legal Topics
['murder' 'reckless Indifference' 'manslaughter' 'directed Verdicts' 'jury Directions']
['criminal Law'] ['murder' 'reckless Indifference' 'manslaughter' 'directed Verdicts' 'jury Directions']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Ruling During Trial on Whether Reckless Indifference Should Be Left to Jury

Legal Issues

  1. 1 ['Whether reckless indifference should be left to the jury as a basis for the charge of murder']

Ratio Decidendi

There was no evidentiary basis for finding that the accused acted with reckless indifference to human life, as the Crown's own case alleged a deliberate act to kill or do grievous bodily harm. Leaving reckless indifference to the jury would create confusion and distract from the main issue of intent.

Court Disposition

Reckless indifference not left to the jury

Orders

  • ['Murder on the basis of reckless indifference to human life will not be left to the jury.']