| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
Nos. 0136 & 0137 of 2013
| THE QUEEN |
| v |
| JACK RAY and NICHOLAS VELLA |
---
JUDGE: | T. FORREST J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 24 March 2014 | |
DATE OF RULING: | 25 March 2014 | |
CASE MAY BE CITED AS: | R v Ray & Vella (Ruling No. 3) | |
MEDIUM NEUTRAL CITATION: | [2014] VSC 178 | |
---
CRIMINAL LAW – Manslaughter by criminal negligence – Defence submits there is no case to answer – Whether inferences relied upon by Crown require speculation or are otherwise not reasonably open – Circumstantial case – Whether jury could rationally exclude all reasonable hypotheses consistent with innocence – Duty of Care arising out of wrongful conduct of accused – Assault and false imprisonment – Jury could rationally conclude that the accused were aware, or ought to have been aware, that their actions carried with them an appreciable risk of death or really serious injury – Breach of duty – Open to jury to conclude that breach involved high risk of death or really serious injury – Causation – Act or omission that causes death must be the act or omission breaching the duty, not the conduct that gives rise to the duty – No evidence that breach of duty would have prevented death – Causation would require impermissible speculation – No case to answer – Jury discharged from delivering a verdict on the manslaughter charge.
---
APPEARANCES: | Counsel | Solicitors |
| For the Crown | A. Grant | Office of Public Prosecutions |
| For the First Accused | C. Dane QC | James Dowsley & Associates |
| For the Second Accused | S. Johns | Robert Stary Lawyers |
HIS HONOUR:
The accused men are charged with aggravated burglary, manslaughter by criminal negligence and false imprisonment. Counsel for the accused men have submitted that there is insufficient evidence to sustain the manslaughter charge and accordingly there is no case to answer on that charge. The prosecution oppose this application.
The deceased man, Christopher Meade, was 29 years old and in apparent good health. He dealt in drugs and stolen goods. He had worked as an air conditioning mechanic until shortly before his death. At about 8:00PM on 28 June 2012 the two accused men attended at Mr Meade’s home at 9 Kiora Avenue, Doreen. Not long after their attendance at that address the accused men subdued and bound Mr Meade by the wrists and ankles. The prosecution alleges that both accused went to Mr Meade’s house to assault him and retrieve stolen goods said to be present there. At some time before 8:30PM both accused men left the house. Mr Meade was observed at about 8:40pm not to have a pulse or to be breathing. An ambulance was called however efforts to revive Mr Meade failed.
At autopsy the following injuries were noted:
· Left periorbital haematoma (black eye) with adjacent lacerations to the eyelid.
· Laceration to the left eyebrow.
· Abrasion to the left upper cheek.
· Abrasion immediately in front of the left…
Continue reading R v Ray & Vella (Ruling No. 3)
Sign in free to access the full text
- AGLC
- R v Ray and Vella (Ruling No. 3) [2014] VSC 178
- Case
- [2014] VSC 178
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the Crown had presented a case that allowed the jury to rationally exclude all reasonable hypotheses consistent with the innocence of the respondents, and whether the inferences relied upon by the Crown required speculation or were otherwise not reasonably open. The court also needed to decide if the respondents' breach of duty involved a high risk of death or serious injury and whether there was a causal link between the breach and the death of the deceased.
The court found that the jury could not rationally conclude that the respondents were aware, or ought to have been aware, that their actions carried with them an appreciable risk of death or serious injury. It was also determined that the breach of duty, if any, did not involve a high risk of death or serious injury. The court held that the act or omission that causes death must be the act or omission breaching the duty, not the conduct that gives rise to the duty. The court found that there was no evidence that the breach of duty would have prevented the death of the deceased, and that establishing causation would require impermissible speculation. Consequently, the court held that there was no case to answer, and the jury was discharged from delivering a verdict on the manslaughter charge.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.