Lane v The Queen

Case [2017] NSWCCA 46


Court of Criminal Appeal


Supreme Court


New South Wales

  • Amendment notes
Medium Neutral Citation: Lane v R [2017] NSWCCA 46
Hearing dates: 21 October 2016
Date of orders: 22 March 2017
Decision date: 22 March 2017
Before: Meagher JA at [1];
Davies J at [1];
Fagan J at [107]
Decision:

1. The time for the appellant to give notice of the appeal on grounds 1, 2 and 3 be extended to 5pm on 17 June 2016.
2. The time for the appellant to give notice of the appeal on ground 4 be extended to 5pm on 18 October 2016.
3. Grant the appellant leave to appeal on grounds 1 and 4.
4. Dismiss the appeal against conviction on grounds 1, 2, 3 and 4.

Catchwords:

CRIME – conviction appeal – manslaughter – where two separate acts of the appellant relied on as constituting the voluntary act causing death – whether trial judge erred in not directing jury that they could not convict unless they were unanimous as to the voluntary act or acts which resulted in their verdict – whether proviso in s 6(1) of Criminal Appeal Act 1912 (NSW) applicable

CRIME – conviction appeal – manslaughter – where references by Crown before jury to “king hit” offence and where handwritten material found in jury room at conclusion of trial which urged the stopping of “coward” punches – whether “miscarriage of justice” within third limb of s 6(1) – whether reasonable basis for apprehending that the jury or a juror had not discharged task impartially

CRIME – conviction appeal – manslaughter – where note containing extracts of dictionary definitions including “murder” and “manslaughter” found in jury room at conclusion of trial – whether miscarriage of justice – whether reasonable basis for apprehending that a juror had not considered the evidence and the charges made in accordance with the directions of the trial judge

CRIME – conviction appeal – manslaughter – written directions to jury including “question trail” – whether formulation of questions relating to self-defence confusing and reversed or distorted onus of proof

EVIDENCE – criminal appeal – exclusionary rule of evidence as to deliberations of jury – Evidence Act 1995 (NSW) s 9(2) – whether evidence as to provenance of notes and writing on magazines covers, and whether they came to the attention of jurors, admissible
Legislation Cited: Crimes Act 1900 (NSW), ss 18(2), 419, 421
Criminal Appeal Act 1912 (NSW), s 6(1)
Criminal Appeal Rules, rr 4, 25A
Criminal Code 1899 (Qld)
Evidence Act 1995 (NSW), s 9(2)
Jury Act 1977 (NSW), s 73A
Cases Cited: AK v Western Australia (2008) 232 CLR 438; [2008] HCA 8
Attorney General’s Reference (No 4 of 1980) [1981] 1 WLR 705
Baiada Poultry Pty Ltd v The Queen (2012) 246 CLR 92; [2012] HCA 14
Baini v The Queen (2012) 246 CLR 469; [2012] HCA 59
Castle v The Queen [2016] HCA 46; 91 ALJR 93
Chapman v R [2013] NSWCCA 91; 232 A Crim R…

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AGLC
Lane v R [2017] NSWCCA 46
Case
[2017] NSWCCA 46
Decision Date

CaseChat Overview and Summary

In the matter of Lane v The Queen, the appellant, Lane, appealed his conviction for manslaughter. The appellant argued that the trial judge had erred in not directing the jury that they could not convict unless they were unanimous as to the voluntary act or acts which resulted in their verdict. Additionally, the appellant submitted that there were instances of potential prejudice during the trial which might have contributed to a miscarriage of justice. The appellant also challenged the clarity of the written directions given to the jury, asserting that they confused the jury regarding the onus of proof. The appeal was heard in the Court of Criminal Appeal of New South Wales.
The primary legal issues in the case revolved around whether the trial judge made an error in not instructing the jury on unanimity regarding the voluntary act or acts that led to the verdict. Another key issue was whether there was a miscarriage of justice due to the presence of handwritten material in the jury room and a note containing dictionary definitions found in the jury room at the conclusion of the trial. Additionally, the court had to determine whether the written directions given to the jury confused them and reversed or distorted the onus of proof. The admissibility of evidence regarding the provenance of notes and writings found in the jury room was also a point of contention.
The Court of Criminal Appeal considered the arguments presented by the appellant and found that the trial judge did not err in not directing the jury on unanimity regarding the voluntary act or acts. The court held that there was no reasonable basis for apprehending that the jury or a juror had not discharged their task impartially, despite the presence of the handwritten material and the note in the jury room. The court found that the written directions to the jury did not confuse them and did not reverse or distort the onus of proof. Finally, the court held that evidence as to the provenance of notes and writings in the jury room was not admissible under the exclusionary rule of evidence outlined in the Evidence Act 1995 (NSW) s 9(2).
The appeal was dismissed, and the conviction for manslaughter was upheld.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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