Dowling v R [2020] NSWCCA 290

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Dowling v R [2020] NSWCCA 290 Hearing dates: 14 September 2020 Decision date: 06 November 2020 Before: Basten JA at [1]; Price J at [97]; Wright J at [98] Decision: (1) Grant the applicant leave to appeal from her conviction in the District Court on the charge of unlawfully killing Luke Doyle contrary to s 18(1)(b) of the Crimes Act 1900 (NSW). (2) Dismiss the appeal. Catchwords: CRIME – appeals – appeal against conviction – conviction obtained following trial by judge-alone CRIME – appeals – appeal against conviction – manslaughter conviction – whether conviction unreasonable or unsupported by the evidence – time of death – whether established beyond reasonable doubt that deceased was alive when the applicant drove him away from others – Criminal Appeals Act 1912 (NSW), s 6(1) CRIME – manslaughter – gross negligence – death caused by acute multi-drug toxicity – oxycodone and benzodiazepine consumption – death occurred following voluntary assumption of duty of care – deprivation of chance of survival whilst the deceased was helpless – state of mind of applicant in assuming his care – Crimes Act 1900 (NSW), s 18(1)(b) Legislation Cited: Crimes Act 1900 (NSW), s 18 Criminal Appeal Act 1912 (NSW), s 6 Cases Cited: Bell v R [2017] NSWCCA 207 Burns v The Queen (2012) 246 CLR 344; [2012] HCA 35 Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29 Jones v United States of America 308 F 2d 307 (DC Cir, 1962) Nydam v The Queen [1977] VR 430 R v Taktak (1988) 14 NSWLR 226 Category: Principal judgment Parties: Tracy Lee Dowling (Applicant) Regina (Respondent) Representation: Counsel: Mr D Marr (Applicant) Ms C Curtis (Respondent)