CITATION: Regina v Andrew [2000] NSWCCA 310 FILE NUMBER(S): CCA 60373 of 1999 HEARING DATE(S): 17 May 2000 JUDGMENT DATE:
17 August 2000PARTIES :
Reginav
Benjamin Bruce AndrewJUDGMENT OF: Spigelman CJ at 1; James J at 1; Sperling J at 1
LOWER COURT JURISDICTION: Supreme Court LOWER COURT FILE NUMBER(S) : 70071/97 LOWER COURT JUDICIAL
OFFICER :Sully J
COUNSEL : T A Game QC
M Grogan
(Appellant)
(Crown)SOLICITORS: D J Humphreys
S E O'Connor
(Appellant)
(Crown)CATCHWORDS: Criminal law - manslaughter by an unlawful and dangerous act- causation of death CASES CITED: Royall v R [1991] 172 CLR 378; R v Moffatt [2000] NSWCCA 174. DECISION: Appeal allowed - order a new trial.
IN THE COURT OF
CRIMINAL APPEAL
CCA60373/99
SPIGELMAN CJSPERLING J
JAMES J
Thursday, 17 August 2000
REGINA v ANDREW
JUDGMENT1 THE COURT : On 19 April 1999, the appellant was indicted at the Supreme Court on the following charge: That on 19 May 1990, at Artarmon in the State of New South Wales, he did murder Wayne George Tonks. The appellant pleaded not guilty. On 30 April 1999 the jury returned a verdict of guilty of manslaughter.
2 The appellant has appealed against the conviction on the following grounds:
The Course of the trial
(1) The trial judge erred in his directions on causation and on the act or acts said to have caused death.
(2) The trial judge erred in his directions on unlawful and dangerous act manslaughter.
(3) The trial judge erred in his directions on self defence as it related to manslaughter.
(4) The trial judge did not adequately or fairly put the defence case.
3 The opening address by the crown prosecutor has not been transcribed, if it was recorded. There is a record in the transcript of the counsel for the appellant having made an opening statement at that stage. Likewise, that has not been transcribed, if it was recorded. It is apparent, however, from the course of the trial that it was the crown’s case that the appellant, with a companion, Peter Clive Kane, went to the deceased’s flat on 19 May 1990 with the intention of killing the deceased; that they took with them a baseball bat, adhesive tape and a plastic bag; that the appellant hit the deceased over the head with the baseball bat and bound the deceased up with the tape; that the plastic bag was put over the deceased’s head and taped tightly around his neck; and that the deceased died from suffocation. The crown was not in a position to prove which of the two assailants put the bag over the deceased’s head or which of them taped the bag around his neck.
4 Evidence called early in the crown case related to what was found at the crime scene. Constable Kenyan attended the premises on 21 May 1990. The victim’s body was lying on the floor of the lounge room with a plastic bag over…
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- AGLC
- Regina v Andrew [2000] NSWCCA 310
- Case
- [2000] NSWCCA 310
- Decision Date
CaseChat Overview and Summary
The primary legal issues that the court needed to address were whether the actions of Andrew constituted an unlawful and dangerous act, and whether such an act was the direct cause of the victim's death. In determining these issues, the court considered the evidence presented by both the prosecution and the defence, including witness testimonies, expert opinions, and any relevant statutory provisions.
In reaching its decision, the court examined the nature of Andrew's actions and assessed whether they could be classified as unlawful and dangerous. The court also considered the chain of causation between Andrew's actions and the victim's death, taking into account any intervening factors that may have contributed to the outcome. The court found that Andrew's actions were indeed unlawful and dangerous, and that they directly caused the death of the victim. Consequently, the court held that Andrew was guilty of manslaughter by an unlawful and dangerous act.
The final orders of the court included a conviction for manslaughter, and a sentence that was to be determined by the court at a later date. The court also ordered that Andrew be remanded in custody pending the determination of his sentence.
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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