R v Taber & Styman [2005] NSWSC 936

R v Taber & Styman [2005] NSWSC 936

The elements of manslaughter are not identical to or wholly contained within those of aggravated break and enter; therefore, a plea in bar is not available. Further, continuing proceedings for manslaughter after quashing the murder conviction and ordering a retrial does not constitute an abuse of process, given the different elements, the public interest, and prior judicial orders.

Jurisdiction
Australia
Judgment Date
16 September 2005
Procedural Posture
Criminal / Application for Plea in Bar or Permanent Stay Prior to Retrial for Manslaughter
Outcome
Application refused
Legal Topics
['plea in Bar' 'abuse of Process' 'manslaughter' 'break and Enter' 'double Jeopardy' 'sentencing']
['criminal Law'] ['plea in Bar' 'abuse of Process' 'manslaughter' 'break and Enter' 'double Jeopardy' 'sentencing']

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Procedural Posture

Criminal / Application for Plea in Bar or Permanent Stay Prior to Retrial for Manslaughter

Legal Issues

  1. 1 ['Whether a plea in bar is available to accused following previous conviction for aggravated break and enter and commission of a serious indictable offence' 'Whether the proceedings for manslaughter constitute an abuse of process']

Ratio Decidendi

The elements of manslaughter are not identical to or wholly contained within those of aggravated break and enter; therefore, a plea in bar is not available. Further, continuing proceedings for manslaughter after quashing the murder conviction and ordering a retrial does not constitute an abuse of process, given the different elements, the public interest, and prior judicial orders.

Court Disposition

Application refused

Orders

  • ['Application for plea in bar and for permanent stay dismissed' 'Trial for manslaughter to proceed and jury to be empanelled at earliest opportunity']