Reported Decision:
166 A Crim R 273
New South Wales
Court of Criminal Appeal
CITATION: Ward v Regina [2006] NSWCCA 321 HEARING DATE(S): 9 August 2006
JUDGMENT DATE:
10 October 2006JUDGMENT OF: Tobias JA; Howie J; Rothman J DECISION: (a) Appeal against conviction dismissed; (b) Grant leave to appeal against sentence, but dismiss the appeal CATCHWORDS: CRIMINAL LAW – Appeal – Against Conviction – s418(2) & s421 of the Crimes Act 1900 – Whether judge’s repeated references to alternative verdict led jury to believe that a complete acquittal was not reasonably open to it. - SENTENCING – Appeal – Manslaughter – Protean character of manslaughter as an offence – It is necessary to establish a trial judge’s discretion miscarried in the House v King sense. LEGISLATION CITED: Crimes (Sentencing) Procedure Act 1999, s3A, s21A
Crimes Act 1900, s418(2), s421(2)CASES CITED: Dinsdale v The Queen (2000) 202 CLR 321
House v The King (1936) 55 CLR 499
Lowndes v The Queen (1999) 195 CLR 665
Markarian v The Queen (2005) 79 ALJR 1048
R v Forbes [2005] NSW CCA 377
R v Hill (1981) 3 A Crim R 397 at 402
R v McDonald (NSWCCA, 12 December 1995)
R v Morabito (1992) 62 A Crim R 82
R v Muddle [2004] NSWSC 403
R v Previtera (1997) 94 A Crim R 76
R v Trevenna (2003) 149 A Crim R 505
Vuni v Regina [2006] NSWCCA 171PARTIES: Trevor Alan Ward
ReginaFILE NUMBER(S): CCA 2006/258 COUNSEL: A: T Bellanto QC
R: D WoodburneSOLICITORS: A: Bradfield Anderson
R: S Kavanagh (Public Prosecutions)LOWER COURT JURISDICTION: Supreme Court LOWER COURT FILE NUMBER(S): 2004/31 LOWER COURT JUDICIAL OFFICER: Whealy J LOWER COURT DATE OF DECISION: 15 April 2005
CCA 2006/258
SC 2004/31Tuesday 10 October 2006TOBIAS JA
HOWIE J
ROTHMAN J
1 THE COURT: On 14 March 2005 Trevor Alan Ward (the appellant) was arraigned on an indictment that charged him with the murder of Craig Bradley Buckley (the deceased) on 11 April 2003 at Wetherill Park to which he pleaded not guilty. The trial commenced before Whealy J and a jury of 12 on that date and continued until 22 March 2005 when the jury returned a verdict of not guilty of murder but guilty of manslaughter.
2 The appellant was sentenced by the trial judge on 15 April 2005 to a term of seven years imprisonment to date from 14 February 2005 and to expire on 13 February 2012. His Honour sentenced him to a non-parole period of four years. The first date on which the appellant will be eligible for consideration of release on parole is 13 February 2009.
3 The appellant appeals against his conviction upon the sole ground that he lost the chance to be acquitted of both murder and manslaughter because the trial judge left a finding of manslaughter by reason of an unlawful and dangerous act to the jury. He also seeks leave to…
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- AGLC
- Ward v R [2006] NSWCCA 321
- Case
- [2006] NSWCCA 321
- Decision Date
CaseChat Overview and Summary
The court held that the repeated references by the trial judge to the alternative verdict of manslaughter did not lead the jury to believe that a complete acquittal was not reasonably open to it. The court noted that the jury was properly directed on the law and the evidence, and the repeated references to manslaughter did not amount to an error that would have led to a miscarriage of justice. Regarding the sentencing issue, the court noted that the protean character of manslaughter as an offence means that it is necessary to establish a trial judge's discretion miscarried in the House v King sense. However, the court found that the trial judge had not miscarried his discretion in this case.
The court dismissed the appeal against conviction and sentence. The court found that the trial judge's repeated references to the alternative verdict of manslaughter did not lead the jury to believe that a complete acquittal was not reasonably open to it. The court also found that the trial judge had not miscarried his discretion in sentencing for manslaughter. As a result, the appellant's conviction and sentence were upheld.
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