Burns v R [2011] NSWCCA 56

Procedural Posture

Criminal Conviction Appeal / Appeal Against Conviction for Manslaughter

Legal Issues

1. 1 ["Whether the trial judge erred in refusing to remove manslaughter by gross criminal negligence from the jury's consideration." 'Whether the trial judge erred in directing the jury that a duty of care could be owed by a supplier of drugs towards the drug recipient.' 'Whether the verdict of guilty of manslaughter was unreasonable and against the weight of the evidence.' "Whether the trial judge erred in refusing to remove manslaughter by unlawful and dangerous act from the jury's consideration."]

Ratio Decidendi

The appeal was dismissed because it was open to the jury to find manslaughter either by gross criminal negligence or by unlawful and dangerous act. The evidence supported findings that the appellant and Burns supplied methadone to the deceased, that the deceased was in a compromised and vulnerable state, that methadone combined with olanzapine caused his death, and that calling an ambulance would likely have saved him. A supplier who creates or contributes to a life-threatening state of affairs by supplying a dangerous prohibited drug may owe a duty to take reasonable steps to save the recipient's life, and the trial judge's directions on duty and causation were appropriate.

Court Disposition

Appeal against conviction dismissed.

Orders

• ['The appeal against conviction is dismissed.']