|
New South Wales |
Case Name: | REYNOLDS, Mathew v Regina |
Medium Neutral Citation: | [2015] NSWCCA 29 |
Hearing Date(s): | 3 February 2015 |
Date of Orders: | 9 March 2015 |
Decision Date: | 9 March 2015 |
Before: | Gleeson JA at [1]; |
Decision: | (1) Leave granted to the appellant to appeal out of time. |
Catchwords: | CRIMINAL LAW – appeal against conviction – whether misdirection in summing up to jury –direction given by trial judge in response to jury question – direction given by trial judge on causation – meaning of phrase ‘significant and substantial’ employed in the answer of the trial judge to a jury question for purposes of causation – whether terms ‘significant’ and ‘substantial’ mean the same thing – meaning of terms ‘significant’ and ‘substantial’ – directions in question should be viewed in light of earlier directions in summing up and in the context of the case involving a substantial departure from the standard of care required of the offender - in context there direction did not amount to a misdirection -appeal dismissed - CRIMINAL LAW – manslaughter – criminal negligence - elements – causation – proper test for causation – direction given to jury in relation to causation |
Cases Cited: | McAuliffe v The Queen (1995) 183 CLR 108 |
Category: | Principal judgment |
Parties: | Mathew Reynolds (Appellant) |
Representation: | Counsel: |
File Number(s): | 2009/11028 |
Decision under appeal: | |
Court or Tribunal: | Supreme Court of NSW |
Jurisdiction: | Criminal |
Date of Decision: | 25 June 2010 |
Before: | Grove J |
File Number(s): | 2009/11028 |
JUDGMENT
GLEESON JA: I agree with Hall J.
JOHNSON J: I agree with Hall J.
HALL J: On 22 February 2010, the appellant, Mathew Reynolds, was indicted in respect of six counts of manslaughter and, in the alternative, to six counts of aiding and abetting dangerous navigation occasioning death.
A co-accused, Percy Small, was indicted on six counts of dangerous navigation occasioning death. The appellant and Mr Small both pleaded not guilty to each count charged and they were tried together.
On 6 April 2010 the jury returned verdicts of guilty in respect of each of the six charges of manslaughter against the appellant. Mr Small was found guilty on each of the six charges of dangerous navigation occasioning death.
On 25 June 2010 the appellant was sentenced to a total effective sentence of 7 years and 6 months with an effective non-parole period of 5 years commencing 12 February 2010. The appellant was eligible for release to parole on 11 February 2015. Mr Small was sentenced to the same effective sentence, the commencement date of which was…
Continue reading Reynolds v R
Sign in free to access the full text
- AGLC
- Reynolds v R [2015] NSWCCA 29
- Case
- [2015] NSWCCA 29
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the terms “significant” and “substantial” were equivalent, and if the trial judge’s direction on causation, in the context of the case, amounted to a misdirection. The court considered the proper test for causation in criminal negligence manslaughter cases and whether the trial judge's direction, in light of earlier directions and the context of the case, correctly conveyed the legal principles. The court also examined whether the direction departed substantially from the standard of care required of the offender.
The court held that the terms “significant” and “substantial” were not necessarily identical but in the context of the trial judge’s direction, they conveyed the same meaning. The court emphasised that directions should be viewed in the context of the entire summing up and the specific facts of the case. Given the trial judge’s comprehensive directions on causation and the context in which the terms were used, the court found no substantial departure from the standard of care required. The court concluded that the trial judge's direction did not constitute a misdirection and dismissed the appeal.
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.