Mannix v R [2020] NSWDC 34

Having reviewed the evidence, including CCTV and the appellant's account, there existed a reasonable possibility that the appellant believed her conduct was necessary for self-defence, and the Crown had not disproved this beyond reasonable doubt; therefore, the conviction was not open on the evidence.

Parties: Respondent: Regina (Crown); Appellant: Tracey Mannix
Jurisdiction: Australia
Judgment Date: 24 January 2020
Procedural Posture: Criminal Appeal / District Court Appeal From Local Court Conviction
Outcome: Appeal allowed; conviction and orders of the Local Court set aside; appellant found not guilty.
Legal Topics: Assault, Self Defence, Appeals, Correctional Facility Procedure, Standard of Proof

Criminal Law Assault Self Defence Appeals Correctional Facility Procedure Standard of Proof

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2

Parties

Regina (Crown)

Respondent

Tracey Mannix

Appellant

Procedural Posture

Criminal Appeal / District Court Appeal From Local Court Conviction

Legal Issues

1 Whether the finding of guilt for common assault was supported by the evidence
2 Whether the appellant lawfully acted in self-defence under s 418 of the Crimes Act 1900 (NSW)
3 Whether previous character and context affected the assessment of guilt

Ratio Decidendi

Court Disposition

Appeal allowed; conviction and orders of the Local Court set aside; appellant found not guilty.

Orders

The appeal is allowed.
The orders of the Local Court are set aside.