R v Grant

Case [2002] NSWCCA 243


Reported Decision:

(2002) 55 NSWLR 80
(2002) 131 A Crim R 510

New South Wales


Court of Criminal Appeal

CITATION: R v Grant [2002] NSWCCA 243 revised - 30/07/2002
FILE NUMBER(S): CCA 60460/01
HEARING DATE(S): Friday 8 February 2002
JUDGMENT DATE:
8 July 2002

PARTIES :


Regina
Robert John Grant
JUDGMENT OF: Spigelman CJ at 1; Wood CJ at CL at 2; Kirby J at 132
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S) : 70042/00
LOWER COURT JUDICIAL
OFFICER :
Hulme J
COUNSEL : Mr Dawe QC with Mr Clout (Crown)
Mr Haesler with Mr Wilson (Appellant)
SOLICITORS: S E O'Connor
Western Aboriginal Legal Service
CATCHWORDS: CRIMINAL LAW - murder - appeal against convictions - intoxication - directions given to jury in relation to intoxication - reckless indifference to human life- whether an offence of specific intent under part 11A of Crimes Act - application of the proviso. - CRIMINAL LAW - shooting with intent to murder - appeal against convictions - intoxication - whether verdict unreasonable or could not be supported by the evidence - whether jury should have entertained a reasonable doubt - whether a miscarriage of justice.
LEGISLATION CITED: Crimes Act 1900
Criminal Appeal Act 1912
Criminal Code Act 1995
Interpretation Act 1987
CASES CITED:
Boughey v The Queen (1986) 161 CLR 10
Crabbe v The Queen (1985) 156 CLR 464;
Director of Public Prosecutions v Beard (1920) AC 479
Fontaine v The Queen (1976) 136 CLR 62;
He Kaw Teh v The Queen (1985) 157 CLR 527
Her Majesty's Advocate v Kinnison [1870] 1 Coup 457
Jones v The Queen (1997) 72 ALJR 78
M v The Queen (1993) 181 CLR 487
Mackenzie v The Queen (1996) 190 CLR 348
Pearce v The Queen (1998) 194 CLR 610
Pemble v The Queen (1971) 124 CLR 107
Queen v O'Connor (1981) 146 CLR 64.
The Queen v Pereira (1988) 35 A Crim R 382 at 385
Regina v Ainsworth (1994) 76 A Crim R 127
Regina v Aiton (1993) 68 A Crim R 578
R v Farrell (1964) NSWLR 1143
R v Hancock [1986] AC 455
Regina v Haywood (1971) VR 755)
Regina v JB and RJH (1999) NSWCCA 93
Regina v Kamipeli, unreported
Regina v Keogh (1964) VR 400
Regina v Majewski 1977 AC 443
Regina v Mills NSWCCA, 3 April 1995
R v Moloney (1985) AC 905
R v Martin (1983) 9 A Crim R 376
Regina v Masnec (1962) Tas SR 254
R v Meade [1909] 1 KB 895
R v Morgan (1993) 67 A Crim R 526
R v Peterkin (1982) 6 A Crim R 351
R v Solomon (1980) 1 NSWLR 321
R v Stones (1956) 56 SR (NSW) 25
Regina v Winchester, 1955, Unreported
Royall v The Queen (1991) 172 CLR 378;
Smyth v The Queen (1957) 98 CLR 163
Stapleton v The Queen (1952) 86 CLR 358
Vallance v The Queen (1961) 35 ALJR 182
Viro v The Queen (1978) 141 CLR 88

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R v Grant [2002] NSWCCA 243
Case
[2002] NSWCCA 243
Decision Date

CaseChat Overview and Summary

The case of R v Grant involved the appellant who was convicted of murder and appealed against his conviction. The dispute centred on the trial judge's direction to the jury concerning the effect of intoxication on the appellant's ability to form the necessary intent to commit murder. The appeal was heard in the High Court of Australia.

The primary legal issue was whether the crime of murder under the provisions of part 11A of the Crimes Act required specific intent and whether the proviso to section 5(1) applied to mitigate the effect of intoxication. The court was required to determine if the trial judge's directions to the jury adequately addressed the impact of intoxication on the appellant's ability to form intent. Additionally, the court needed to assess whether the jury's verdict was unreasonable or unsupported by the evidence, and whether a reasonable doubt should have been entertained, potentially leading to a miscarriage of justice.

The court held that the offence of murder under the Crimes Act did not require specific intent, and thus, the proviso to section 5(1) did not apply. The trial judge's direction to the jury was deemed adequate, as it correctly informed them that voluntary intoxication did not negate the requisite intent for murder. The jury's verdict was not unreasonable or unsupported by the evidence, and there was no miscarriage of justice. The court dismissed the appeal.

The final orders of the court were to dismiss the appellant's appeal against his convictions for murder. The appellant remained convicted and sentenced as determined by the lower court.

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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