R v Kearnes [2013] NSWSC 1395

R v Kearnes [2013] NSWSC 1395

Manslaughter was not viable on the evidence. The Crown case was that the accused was either the shooter or, as part of a joint criminal enterprise, present with an intention to kill; the defence case was that he was not at the scene and had nothing to do with the shooting. No prosecution or defence evidence or submissions supported a scenario in which the accused was guilty of manslaughter rather than murder, and leaving manslaughter to the jury would only confuse or mystify them.

Jurisdiction
Australia
Judgment Date
16 September 2013
Procedural Posture
Criminal Trial for Murder / Procedural Ruling on Whether to Leave Manslaughter as an Alternative Verdict to the Jury
Outcome
Manslaughter is not to be left to the consideration of the jury.
Legal Topics
['murder' 'manslaughter as Alternative Verdict' 'joint Criminal Enterprise' 'accessorial Liability' 'jury Directions']
['criminal Law' 'criminal Procedure'] ['murder' 'manslaughter as Alternative Verdict' 'joint Criminal Enterprise' 'accessorial Liability' 'jury Directions']

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Procedural Posture

Criminal Trial for Murder / Procedural Ruling on Whether to Leave Manslaughter as an Alternative Verdict to the Jury

Legal Issues

  1. 1 ['Whether manslaughter should be left to the jury for consideration in a murder trial.' 'Whether a verdict of manslaughter was viable on the evidence where the Crown case alleged the accused was either the shooter or present pursuant to a joint criminal enterprise with an intention to kill.']

Ratio Decidendi

Manslaughter was not viable on the evidence. The Crown case was that the accused was either the shooter or, as part of a joint criminal enterprise, present with an intention to kill; the defence case was that he was not at the scene and had nothing to do with the shooting. No prosecution or defence evidence or submissions supported a scenario in which the accused was guilty of manslaughter rather than murder, and leaving manslaughter to the jury would only confuse or mystify them.

Court Disposition

Manslaughter is not to be left to the consideration of the jury.

Orders

  • ['Manslaughter is not to be left to the consideration of the jury.']