R v Cullen [2015] NSWSC 636

R v Cullen [2015] NSWSC 636

There is evidence upon which the jury might properly conclude beyond reasonable doubt that the accused was not acting in self-defence and that provocation had been negatived. The application for a directed verdict was refused because the case was fit to go to the jury on the charge of murder.

Jurisdiction
Australia
Judgment Date
26 May 2015
Procedural Posture
Criminal / Application at Close of Crown Case for Directed Verdict
Outcome
application refused
Legal Topics
['murder' 'manslaughter' 'self Defence' 'provocation' 'directed Verdict']
['criminal Law'] ['murder' 'manslaughter' 'self Defence' 'provocation' 'directed Verdict']

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Procedural Posture

Criminal / Application at Close of Crown Case for Directed Verdict

Legal Issues

  1. 1 ['Whether Crown case sufficient to negative self-defence' 'Whether Crown case sufficient to negative provocation']

Ratio Decidendi

There is evidence upon which the jury might properly conclude beyond reasonable doubt that the accused was not acting in self-defence and that provocation had been negatived. The application for a directed verdict was refused because the case was fit to go to the jury on the charge of murder.

Court Disposition

application refused

Orders

  • ['Application for directed verdict of not guilty of murder but guilty of manslaughter refused']