Lane v R [2017] NSWCCA 46

Lane v R [2017] NSWCCA 46

The absence of a specific direction requiring jury unanimity as to the voluntary act causing death was an error; however, on the evidence, no substantial miscarriage of justice occurred (majority) as a guilty verdict could only properly be based on the second fall. References to 'king hit' and jury room materials did not result in miscarriage of justice as directions were adequate, and no partiality was demonstrated. The directions on self-defence, viewed as a whole, did not distort or reverse the onus of proof.

Jurisdiction
Australia
Judgment Date
22 March 2017
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed (majority); one judge (Fagan J) would have quashed the conviction and ordered a new trial.
Legal Topics
['manslaughter' 'unanimous Verdicts' 'jury Deliberations' 'self Defence' 'misdirection' 'miscarriage of Justice']
['criminal Law'] ['manslaughter' 'unanimous Verdicts' 'jury Deliberations' 'self Defence' 'misdirection' 'miscarriage of Justice']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 ['Whether the jury was misdirected by the trial judge regarding the requirement of unanimity as to the voluntary act of the appellant causing death' "Whether references to 'king hit' and 'coward punch' before the jury, and discovery of dictations in the jury room, gave rise to a miscarriage of justice" 'Whether the trial judge misdirected the jury on self-defence, particularly as to the onus and standard of proof']

Ratio Decidendi

The absence of a specific direction requiring jury unanimity as to the voluntary act causing death was an error; however, on the evidence, no substantial miscarriage of justice occurred (majority) as a guilty verdict could only properly be based on the second fall. References to 'king hit' and jury room materials did not result in miscarriage of justice as directions were adequate, and no partiality was demonstrated. The directions on self-defence, viewed as a whole, did not distort or reverse the onus of proof.

Court Disposition

Appeal dismissed (majority); one judge (Fagan J) would have quashed the conviction and ordered a new trial.

Orders

  • ['The time for the appellant to give notice of the appeal on grounds 1, 2 and 3 be extended to 5pm on 17 June 2016.' 'The time for the appellant to give notice of the appeal on ground 4 be extended to 5pm on 18 October 2016.' 'Grant the appellant leave to appeal on grounds 1 and 4.' 'Dismiss the appeal against...