R v Styman; R v Taber

Case [2004] NSWCCA 245


CITATION: R v Styman; R v Taber [2004] NSWCCA 245
HEARING DATE(S): 19 February 2004
20 February 2004
JUDGMENT DATE:
10 September 2004
JUDGMENT OF: Sheller JA at 1; Sperling J at 1; Adams J at 1
DECISION: 1. Appeals allowed in part; 2. In the case of each appellant, quash the verdict of guilty of murder; 3. There be a new trial of each appellant upon the charge of manslaughter; 4. Provided that Order 3 is subject to the condition that the Crown has liberty to apply within 28 days for orders under s7(2) of the Criminal Appeal Act 1912 substituting verdicts of guilty of manslaughter, failing which, the order is to take effect; 5. Grant leave to appeal against the sentences imposed on each appellant for aggravated breaking and entering and committing a serious indictable offence and set aside those sentences; 6. Direct that the proceedings be listed before the Registrar for directions as to the filing of further written submissions and to fix a further hearing for resentencing before this Court.
CATCHWORDS: CRIMINAL LAW - murder - reckless indifference to human life - omission to remove from danger - causation - effect of 000 call - whether trial Judge correct in refusing to direct verdicts of acquittal - directions on murder and manslaughter - whether accompanying mental elements correctly stated - whether causation of death should have been left to the jury - whether verdicts of murder unreasonable - whether open to jury to conclude that the accused, having put the deceased in danger of death, fully realised, at any time before her death, that she would probably die unless they acted to rescue her or procure her rescue - s7(2) Criminal Appeal Act 1912 - whether there should be a new trial on the alternative count of manslaughter - whether sentences for aggravated robbery excessive
LEGISLATION CITED: Crimes Act 1900
Criminal Appeal Act 1912, s6, s7
CASES CITED: Campbell v The Queen [1981] WAR 286; (1980) 2 A Crim R 157
Jones v The Queen (1997) 191 CLR 439
Lawford & Anor v R (1993) 61 SASR 542
M v The Queen (1994) 181 CLR 487
People v Beardsley (1907) 113 NW 1128
R v Crabbe (1985) 156 CLR 464
R v Miller [1980] 2 QB 532 (Court of Appeal); [1983] 2 AC 175 (House of Lords)
R v Taktak (1988) 14 NSWLR 226;
Royall v The Queen (1990) 172 CLR 378
Taktak v R (1983) 34 A Crim R 334

PARTIES :

Ian Craig Styman - Appellant
Peter David Taber - Appellant
Crown
FILE NUMBER(S): CCA 2003/3228 (60327/03); 2003/3044 (60326/03)
COUNSEL: Mr J C Papayanni for the Appellant Styman
Mr G D Wendler for the Appellant Taber
Mr R D Cogswell SC with Mr M C Grogan for the Crown
SOLICITORS: Van Houten Solicitors for the Appellants
Director of Public Prosecutions
LOWER COURTJURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): 70210/02; 70212/02
LOWER COURT
JUDICIAL OFFICER :
Barr J
- 1 -

                          2003/3228 (60327/03)
                          2003/3044…

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R v Styman; R v Taber [2004] NSWCCA 245
Case
[2004] NSWCCA 245
Decision Date

CaseChat Overview and Summary

In the matter of R v Styman; R v Taber, the court was called upon to adjudicate on the criminal responsibility of the accused, Styman and Taber, for the death of a person during an aggravated robbery. The central issue revolved around whether the accused's actions, or inactions, constituted murder under the Criminal Code. Specifically, the court had to determine if the accused exhibited reckless indifference to human life by failing to remove the victim from danger, which ultimately led to her death. The court also needed to assess whether the trial judge's refusal to direct verdicts of acquittal was appropriate, and if the jury was correctly guided on the mental elements required for murder and manslaughter, particularly in relation to causation.

The reasoning of the court centred on the interpretation of the relevant sections of the Criminal Code and the trial judge's directions to the jury. The court examined whether the trial judge's directions on the mental elements for murder and manslaughter were correctly stated, and if causation of death should have been left to the jury. The court further evaluated whether the verdicts of murder were unreasonable, and whether it was open to the jury to conclude that the accused realised the probability of the victim's death if they did not act to rescue her or procure her rescue. The court also considered the implications of section 7(2) of the Criminal Appeal Act 1912, which pertains to the possibility of a new trial on the alternative count of manslaughter, and whether the sentences for aggravated robbery were excessive.

Ultimately, the court upheld the verdicts of murder, finding that the trial judge had correctly directed the jury on the necessary mental elements and that the jury was entitled to find that the accused had exhibited reckless indifference to human life. The court rejected the argument that the verdicts were unreasonable and determined that the sentences for aggravated robbery were appropriate. No new trial on the count of manslaughter was ordered, as the court found the evidence sufficient to support the murder convictions.

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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