Regina v CORNELISSEN, R v SUTTON [2004] NSWCCA 449

Regina v CORNELISSEN, R v SUTTON [2004] NSWCCA 449

The trial judge failed to direct the jury appropriately regarding the use of relationship evidence, gave erroneous directions about manslaughter by omitting the requirement to consider what a reasonable person in the accused's position would perceive, and allowed evidence prejudicial to Sutton; the evidence was insufficient to support the verdicts beyond reasonable doubt, thus both convictions were quashed and verdicts of acquittal entered.

Parties
Appellant: Shaun Andrew Cornelissen; Appellant: Reginald Jeffrey Sutton; Respondent: D Arnott
Jurisdiction
Australia
Judgment Date
21 December 2004
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeals allowed
Legal Topics
Manslaughter, Unlawful and Dangerous Act, Joint Criminal Enterprise, Self Defence, Tendency Evidence, Relationship Evidence, Admissibility of Evidence
Criminal Law Manslaughter Unlawful and Dangerous Act Joint Criminal Enterprise Self Defence Tendency Evidence Relationship Evidence Admissibility of Evidence

Case Brief

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Parties

Shaun Andrew Cornelissen

Appellant

Reginald Jeffrey Sutton

Appellant

D Arnott

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in failing to direct the jury not to engage in tendency reasoning with respect to relationship evidence
  2. 2 Whether the trial judge erred in his directions regarding manslaughter
  3. 3 Whether certain evidence was inadmissible against one of the appellants

Ratio Decidendi

The trial judge failed to direct the jury appropriately regarding the use of relationship evidence, gave erroneous directions about manslaughter by omitting the requirement to consider what a reasonable person in the accused's position would perceive, and allowed evidence prejudicial to Sutton; the evidence was insufficient to support the verdicts beyond reasonable doubt, thus both convictions were quashed and verdicts of acquittal entered.

Court Disposition

appeals allowed

Orders

  • Convictions quashed for both appellants
  • Verdicts of acquittal entered for both appellants