Lewandowski v Medrzycki

Lewandowski v Medrzycki is a decision of the Court of Appeal of the Supreme Court of Victoria. The dispute in this case revolves around an alleged assault. The original trial in the County Court resulted in a conviction against the appellant, Lewandowski, for assault. The respondent, Medrzycki, sought the appeal based on the grounds of alleged misdirection by the trial judge regarding the application of the law of self-defence.

The primary legal issue before the Court of Appeal was whether the trial judge misdirected himself in law concerning the application of the self-defence doctrine, specifically whether there was any evidence upon which the jury could have found the facts necessary for the defence to succeed. The appeal hinged on the trial judge's handling of the self-defence argument and whether his instructions to the jury were adequate to enable them to consider the defence properly.

The Court of Appeal found that the trial judge did misdirect himself in law. The judge's directions to the jury were insufficient to allow them to consider all the evidence in light of the principles of self-defence. The judge's direction did not adequately address the possibility that the appellant might have acted in self-defence based on the evidence presented. As a result, the appeal was allowed, and the conviction was quashed. The Court ordered a remitter for a re-hearing in full before a different judge and jury. This decision ensures that the appellant's right to a fair trial, including the proper consideration of self-defence, is upheld.