R v Grant [2002] NSWCCA 243

R v Grant [2002] NSWCCA 243

The Court held that the trial judge misdirected the jury by instructing that intoxication was irrelevant to murder based on reckless indifference to human life; under Part 11A of the Crimes Act 1900 (NSW), murder in all forms, including reckless indifference, is an offence of specific intent for which evidence of intoxication may be taken into account. The conviction for murder was thus quashed and a new trial ordered. The conviction for shooting with intent to murder was sustained as supported by the evidence.

Jurisdiction
Australia
Judgment Date
08 July 2002
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Outcome
Appeal against murder conviction allowed; conviction and sentence for murder quashed and new trial ordered. Appeal against conviction and sentence for shooting with intent to murder dismissed.
Legal Topics
['murder' 'intoxication' 'jury Directions' 'reckless Indifference' 'shooting With Intent to Murder']
['criminal Law'] ['murder' 'intoxication' 'jury Directions' 'reckless Indifference' 'shooting With Intent to Murder']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence

Legal Issues

  1. 1 ['Whether the trial judge erred in directing the jury that intoxication was irrelevant to murder where based on reckless indifference to human life' 'Whether the verdict on the count of shooting with intent to murder was unreasonable or unsupported by evidence']

Ratio Decidendi

The Court held that the trial judge misdirected the jury by instructing that intoxication was irrelevant to murder based on reckless indifference to human life; under Part 11A of the Crimes Act 1900 (NSW), murder in all forms, including reckless indifference, is an offence of specific intent for which evidence of intoxication may be taken into account. The conviction for murder was thus quashed and a new trial ordered. The conviction for shooting with intent to murder was sustained as supported by the evidence.

Court Disposition

Appeal against murder conviction allowed; conviction and sentence for murder quashed and new trial ordered. Appeal against conviction and sentence for shooting with intent to murder dismissed.

Orders

  • ['The appeal against conviction in respect of Count 1 be allowed' 'Conviction and sentence for Count 1 be quashed' 'A new trial be directed in relation to Count 1' 'The appeal against conviction and sentence in respect of Count 2 be dismissed']