R v Williams [2018] NSWDC 163

R v Williams [2018] NSWDC 163

The jury is entitled to take the accused's self-induced intoxication into account for both the s 33 count and the alternative s 35(2) count. The elements of the alternative count, requiring proof that the accused caused grievous bodily harm and either intended to cause actual bodily harm or realised the possibility of causing actual bodily harm and proceeded anyway, are sufficiently analogous to the specific-intent elements of the s 33 count. The presence of recklessness in s 35(2) does not prevent the offence from being treated as one of specific intent for this purpose.

Jurisdiction
Australia
Judgment Date
21 June 2018
Procedural Posture
Criminal / Procedural Ruling During Jury Trial Before Addresses
Outcome
The jury will be directed that for both the count on the indictment and the alternative count, they are entitled to take into account the accused's self-induced intoxication in deciding whether the Crown has proved its case beyond reasonable doubt.
Legal Topics
['self Induced Intoxication' 'specific Intent' 'wounding With Intent to Cause Grievous Bodily Harm' 'causing Grievous Bodily Harm Reckless as to Causing Actual Bodily Harm' 'jury Directions']
['criminal Law'] ['self Induced Intoxication' 'specific Intent' 'wounding With Intent to Cause Grievous Bodily Harm' 'causing Grievous Bodily Harm Reckless as to Causing Actual Bodily Harm' 'jury Directions']

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Procedural Posture

Criminal / Procedural Ruling During Jury Trial Before Addresses

Legal Issues

  1. 1 ['Whether self-induced intoxication may be taken into account by the jury when considering the statutory alternative count under s 35(2) Crimes Act.' 'Whether an offence under s 35(2) Crimes Act is an offence of specific intent for the purposes of s 428B of the Crimes Act.']

Ratio Decidendi

The jury is entitled to take the accused's self-induced intoxication into account for both the s 33 count and the alternative s 35(2) count. The elements of the alternative count, requiring proof that the accused caused grievous bodily harm and either intended to cause actual bodily harm or realised the possibility of causing actual bodily harm and proceeded anyway, are sufficiently analogous to the specific-intent elements of the s 33 count. The presence of recklessness in s 35(2) does not prevent the offence from being treated as one of specific intent for this purpose.

Court Disposition

The jury will be directed that for both the count on the indictment and the alternative count, they are entitled to take into account the accused's self-induced intoxication in deciding whether the Crown has proved its case beyond reasonable doubt.

Orders

  • ["The jury will be directed that for the s 33 count the accused's self-induced intoxication may be taken into account in deciding whether the Crown has proved beyond reasonable doubt that he intended to cause grievous bodily harm." "The jury will be directed that for the alternative s 35(2) count the accused's...