England v Queen [2001] FCA 1722

FEDERAL COURT OF AUSTRALIA

England v Queen [2001] FCA 1722 CRIMINAL LAW – appeal against conviction – manslaughter – death followed two distinct fights between accused and deceased – causation – cause of death established as subarachnoid haemorrhage – alleged error in trial Judge's conclusion that the deceased's death was caused by a blow inflicted in the second incident rather than in the first incident.

CRIMINAL LAW – manslaughter – self-defence, whether the accused believed upon reasonable grounds that it was necessary in self-defence to do what he did – where the accused person raising a plea of self-defence was the original aggressor – standard and onus of proof.

CRIMINAL LAW – appeal against sentence – manslaughter – severity of sentence – sentenced to seven years' imprisonment, with a non-parole period of four years – factors to be taken into account. Zecevic v Director of Public Prosecutions (Vic) (1987) 162 CLR 645, applied R v Williams [2000] NSWCCA 136, considered R v Kenta No SCC 81 of 1987, distinguished R v Gunn (SC of Victoria 1617 of 1993), considered R v Risteski [1999] NSWSC 1248, distinguished R v Khouzame [2000] NSWCCA 505, considered BARRY JOSEPH ENGLAND v THE QUEEN A 23 of 2001 BLACK CJ, SPENDER & DOWSETT JJ 21 DECEMBER 2001 BRISBANE VIA VIDEO LINK (HEARD IN CANBERRA)

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY A 23 OF 2001

DISTRICT REGISTRY

ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN: BARRY JOSEPH ENGLAND

APPELLANT

AND: THE QUEEN

RESPONDENT

JUDGES: BLACK CJ, SPENDER & DOWSETT JJ

DATE OF ORDER: 21 DECEMBER 2001

WHERE MADE: BRISBANE VIA VIDEO LINK (HEARD IN CANBERRA)

THE COURT ORDERS THAT: 1. The appeal against conviction be dismissed. 2. The appeal against sentence also be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.