Burns v The Queen [2012] HCA 35

HIGH COURT OF AUSTRALIA

FRENCH CJ, GUMMOW, HAYNE, HEYDON, CRENNAN, KIEFEL AND BELL JJ

NATALIE BURNS APPELLANT

AND

THE QUEEN RESPONDENT

Burns v The Queen [2012] HCA 35 Date of Order: 20 June 2012 Date of Publication of Reasons: 14 September 2012 S46/2012

ORDER

1. Appeal allowed.

2. Set aside the order of the Court of Criminal Appeal of the Supreme Court of New South Wales made on 1 April 2011, and in lieu thereof order that:

(a) the appeal to that Court be allowed;

(b) the appellant's conviction for the manslaughter of David Hay be quashed; and

(c) a verdict of acquittal be entered.

On appeal from the Supreme Court of New South Wales

Representation

T A Game SC with G A Bashir and D P Barrow for the appellant (instructed by Legal Aid (NSW))

L A Babb SC with J A Girdham for the respondent (instructed by Solicitor for Public Prosecutions (NSW))

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Burns v The Queen

Criminal law – Manslaughter by unlawful and dangerous act – Appellant party to joint enterprise to supply methadone to deceased – Deceased died from combined effect of methadone and prescription drug – Whether appellant's supply of prohibited drug to deceased unlawful and dangerous act – Whether sufficient evidence to warrant order for new trial on basis that appellant administered or assisted in administering drug to deceased.

Criminal law – Manslaughter by criminal negligence – Appellant party to joint enterprise to supply methadone to deceased – Deceased suffered adverse reaction to drugs in appellant's presence – Appellant failed to obtain medical treatment for deceased – Whether appellant under legal duty to take steps to preserve deceased's life.

Words and phrases – "legal duty", "omission", "supplier of prohibited drug", "unlawful and dangerous act".