Leung v R [2014] NSWCCA 336

Leung v R [2014] NSWCCA 336

By majority, it was not open to the jury to be satisfied beyond reasonable doubt of the applicant's guilt because the Crown did not exclude the reasonable possibility that the deceased died from a head injury sustained in a fall that was causally unrelated to any act of the applicant that was both unlawful and dangerous. The absence of proved blood on the juicer, the inability to establish a sufficient temporal connection between various injuries and the time of death, and the evidence that a fall could have caused the fatal head injury created a doubt that the jury's advantage could not resolve.

Jurisdiction
Australia
Judgment Date
22 December 2014
Procedural Posture
Criminal Appeal Against Conviction and Sentence for Manslaughter / Application for Leave to Appeal Against Conviction and Sentence in the Court of Criminal Appeal
Outcome
Appeal upheld; conviction quashed; verdict of acquittal entered.
Legal Topics
['manslaughter' 'unreasonable Verdict' 'circumstantial Evidence' 'cause of Death' 'unlawful and Dangerous Act' 'manifestly Excessive Sentence']
['criminal Law' 'criminal Appeals' 'sentencing'] ['manslaughter' 'unreasonable Verdict' 'circumstantial Evidence' 'cause of Death' 'unlawful and Dangerous Act' 'manifestly Excessive Sentence']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction and Sentence for Manslaughter / Application for Leave to Appeal Against Conviction and Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the conviction for manslaughter was unreasonable or could not be supported having regard to the evidence.' "Whether it was open to the jury to be satisfied beyond reasonable doubt that an unlawful and dangerous act of the applicant caused the deceased's death." 'Whether the Crown excluded the reasonable possibility that the deceased died from a head injury sustained in a fall causally unrelated to any unlawful and dangerous act of the applicant.' 'Whether the sentence imposed was manifestly excessive.']

Ratio Decidendi

By majority, it was not open to the jury to be satisfied beyond reasonable doubt of the applicant's guilt because the Crown did not exclude the reasonable possibility that the deceased died from a head injury sustained in a fall that was causally unrelated to any act of the applicant that was both unlawful and dangerous. The absence of proved blood on the juicer, the inability to establish a sufficient temporal connection between various injuries and the time of death, and the evidence that a fall could have caused the fatal head injury created a doubt that the jury's advantage could not resolve.

Court Disposition

Appeal upheld; conviction quashed; verdict of acquittal entered.

Orders

  • ['Appeal upheld.' 'Conviction quashed.' 'Verdict of acquittal entered.']