R v Borkowski

The case of R v Borkowski involved a conviction and sentence appeal by the respondent, who had been found guilty of four counts of manslaughter by criminal negligence. The deaths of four people were caused by the defective keel of a yacht which the respondent had manufactured and supplied. The legal issues before the court included whether the verdict of the majority of the jury was unreasonable, whether the Crown Prosecutor's final address caused a miscarriage of justice, whether the trial judge erred in respect of the directions to the jury on the "reasonable person" test, and whether the trial judge erred in failing to direct the jury that they must be unanimous in respect of one or the other alternative ways in which the Crown put its case.

The court found that the trial judge had erred in not directing the jury that they must be unanimous in respect of one or the other alternative ways in which the Crown put its case. The court also found that the majority of the jury's verdict was unreasonable because the Crown Prosecutor's final address caused a miscarriage of justice. The court further held that the trial judge erred in respect of the directions to the jury on the "reasonable person" test. The court found that the appeal should be upheld and that verdicts of acquittal should be directed.

The court's decision resulted in the acquittal of the respondent on all counts of manslaughter by criminal negligence. The court found that the trial judge's errors in directing the jury and the Crown Prosecutor's final address had caused a miscarriage of justice, and that the majority of the jury's verdict was unreasonable. The court held that the appeal should be upheld and that verdicts of acquittal should be directed. The court's decision in this case highlights the importance of ensuring that juries are properly directed and that prosecutors do not overstep the bounds of their final address.