Towney v R [2018] NSWCCA 65

Towney v R [2018] NSWCCA 65

The jury directions as a whole—both in writing and orally—correctly conveyed the onus and standard of proof borne by the Crown regarding self-defence and intent, and the sequence of jury questions did not result in a miscarriage of justice; no substantial miscarriage was occasioned as there was insufficient evidence...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
16 April 2018
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed. Leave granted to advance ground 1. Leave refused for ground 2.
Legal Topics
['murder' 'self Defence' 'jury Directions' 'burden of Proof' 'provocation' 'appeal Procedure']
['criminal Law'] ['murder' 'self Defence' 'jury Directions' 'burden of Proof' 'provocation' 'appeal Procedure']

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Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 ["Whether trial judge's directions on self-defence misstated the burden of proof and standard required of the Crown." 'Whether sequencing of issues in the jury directions (self-defence before intent) amounted to an error causing a miscarriage of justice.']

Ratio Decidendi

The jury directions as a whole—both in writing and orally—correctly conveyed the onus and standard of proof borne by the Crown regarding self-defence and intent, and the sequence of jury questions did not result in a miscarriage of justice; no substantial miscarriage was occasioned as there was insufficient evidence supporting self-defence.

Court Disposition

Appeal dismissed. Leave granted to advance ground 1. Leave refused for ground 2.

Orders

  • ['In respect of Ground of Appeal 1, leave to appeal is granted but the appeal is dismissed.' 'In respect of Ground of Appeal 2, leave to raise this ground is refused pursuant to r 4 of the Criminal Appeal Rules.']