R v Tracey Lee Dowling - [2018] NSWDC 367

District Court

New South Wales

Medium Neutral Citation: R v Tracey Lee DOWLING [2018] NSWDC 367
Hearing dates: 17 October – 13 November 2018
Date of orders: 06 December 2018
Decision date: 06 December 2018
Jurisdiction: Criminal
Before: His Honour Judge Lerve
Decision:
Verdict of guilty to the charge that she did unlawfully kill Luke Doyle, contrary to s18(1)(b) of the Crimes Act, 1900.

Catchwords: CRIMINAL LAW – manslaughter – criminal negligence - trial by judge alone – multi-drug toxicity – whether deceased was still alive when driven away by accused – whether accused assumed duty of care – whether failing to get medical attention for deceased caused or accelerated his death
Legislation Cited: Crimes Act, 1900
Crimes (Sentencing Procedure) Act, 1999
Evidence Act,1995
Cases Cited: Burns v The Queen (2012) 246 CLR 334; [2012] HCA 35
Edwards v The Queen (1993) 178 CLR 193
Mule v The Queen [2004] HCA 49
R v Taktak (1988) 14 NSWLR 226
R v Parker (No. 2) [2018] NSWSC 1122.
Category: Principal judgment
Parties: Director of Public Prosecutions
Tracey Lee Dowling
Representation:
Counsel:
Mr P Kerr for the Director
Mr P Lowe for the Accused
Solicitors:
Ms Dawson for the Crown
Ms McGowan for the Accused

File Number(s): 2016/311099
Publication restriction: No

Contents

Judgment

General Directions
Inferences
CCTV
Onus and burden of proof
Accused remains silent
Delay in bringing the accused to trial
Expert Witnesses
Essential Elements or Ingredients of Manslaughter by Criminal Negligence
The death of the late Mr Luke Doyle
Luke Doyle begins using oxycodone
The few days before the death of Luke Doyle
Stealing alcohol to swap for oxycodone
Events at Craig App’s House
Luke Doyle shows adverse reaction
Luke Doyle taken to the accused’s red Nissan Utility
The alleged sexual assault of the accused by Matthew Hennock
Accused drives away from Apps’ home
Matthew Hennock at the BP Service Station
Heather Dowling finds Luke Doyle dead
Did the accused attempt to ring triple-0
Conversation between the accused and Jayarna BRITT
Crown’s submissions as to lies as consciousness of guilt
Expert Evidence – Pathologists and Toxicologists
Other matters
Legal Issues
Verdict

Judgment

The trial commenced on Monday 15 October 2018. During the course of that morning Mr P Lowe, counsel for the offender, indicated that he sought the trial be held by judge alone. The Crown Prosecutor indicated that the Crown consented to that course. The election was duly filed in open court and became exhibit A in the trial. That election signed by the accused acknowledges that before making the election she sought and obtained advice from a legal practitioner. The trial then proceeded over the next four and one half weeks, initially with a number of pre-trial applications, and the evidence commenced on 17 October 2018.
The accused was arraigned and pleaded that she was not guilty to the one count on the indictment, namely:

That (she) on 13 March 2012 at Young in the State of New South Wales did unlawfully kill Luke Doyle, contrary…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Tracey Lee Dowling

Details

AGLC: R v Tracey Lee Dowling [2018] NSWDC 367
Case: [2018] NSWDC 367
Decision Date: 06 December 2018

CaseChat Overview and Summary

The case of R v Tracey Lee Dowling arose from the death of Luke Doyle, who was found to have been unlawfully killed. Dowling was charged and subsequently tried for manslaughter by a judge alone in the District Court of New South Wales. The crux of the case revolved around whether Dowling's actions, or inactions, constituted criminal negligence leading to Doyle's death. Specifically, the court had to determine whether Doyle was alive when Dowling drove away from the scene and whether Dowling had assumed a duty of care for Doyle that, if breached, contributed to his death.

The legal issues central to this case included the determination of whether the accused had assumed a duty of care towards the deceased, which would obligate her to take reasonable steps to secure medical assistance. Additionally, the court needed to assess if the failure to seek medical attention for Doyle constituted a breach of this duty and if such a breach caused or accelerated his death. The court also had to consider the effects of multi-drug toxicity on Doyle's condition and whether these factors contributed to his death.

In delivering the judgment, the judge found that Dowling had indeed assumed a duty of care for Doyle. The court concluded that by not seeking medical help for Doyle, who was in a severely intoxicated state, Dowling had breached this duty. The judge found that this breach of duty caused or accelerated Doyle's death, leading to the verdict of guilty on the charge of manslaughter. The judge's decision was based on the evidence that showed Dowling had the means and opportunity to get medical assistance for Doyle but failed to do so, resulting in his death.

The final orders of the court were that Dowling was found guilty of the charge of unlawfully killing Luke Doyle under section 18(1)(b) of the Crimes Act, 1900. The specific details of sentencing were not included in the summary provided.

Orders

Orders of the court

Verdict of guilty to the charge that she did unlawfully kill Luke Doyle, contrary to s18(1)(b) of the Crimes Act, 1900.

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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Medium Neutral Citation:	R v Tracey Lee DOWLING [2018] NSWDC 367
Hearing dates:	17 October – 13 November 2018
Date of orders:	06 December 2018
Decision date:	06 December 2018
Jurisdiction:	Criminal
Before:	His Honour Judge Lerve
Decision:	Verdict of guilty to the charge that she did unlawfully kill Luke Doyle, contrary to s18(1)(b) of the Crimes Act, 1900.
Catchwords:	CRIMINAL LAW – manslaughter – criminal negligence - trial by judge alone – multi-drug toxicity – whether deceased was still alive when driven away by accused – whether accused assumed duty of care – whether failing to get medical attention for deceased caused or accelerated his death
Legislation Cited:	Crimes Act, 1900 Crimes (Sentencing Procedure) Act, 1999 Evidence Act,1995
Cases Cited:	Burns v The Queen (2012) 246 CLR 334; [2012] HCA 35 Edwards v The Queen (1993) 178 CLR 193 Mule v The Queen [2004] HCA 49 R v Taktak (1988) 14 NSWLR 226 R v Parker (No. 2) [2018] NSWSC 1122.
Category:	Principal judgment
Parties:	Director of Public Prosecutions Tracey Lee Dowling
Representation:	Counsel: Mr P Kerr for the Director Mr P Lowe for the Accused Solicitors: Ms Dawson for the Crown Ms McGowan for the Accused
File Number(s):	2016/311099
Publication restriction:	No