NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v Flame (No 2) [2020] NSWSC 1602 Hearing dates: 29 October 2020 Decision date: 29 October 2020 Jurisdiction: Common Law Before: Button J Decision: Complete self-defence not left to the jury. Excessive self-defence left to the jury. Catchwords: CRIMINAL LAW – murder – trial by jury - whether complete self-defence or excessive self-defence should be left to the jury – whether the jury should be asked to reflect upon the reasonableness of response when believing that one is defending oneself against a "demon" – complete self-defence not sought to be relied upon by defence counsel – neither counsel submits that complete self-defence should be left – Crown submits that excessive self-defence should also not be left – complete self-defence not left, but excessive self-defence left to the jury Legislation Cited: Crimes Act 1900 (NSW), ss 23A, 61HE, 418, 428D Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A Cases Cited: Abdallah v R [2016] NSWCCA 34 Hawkins v The Queen (1994) 179 CLR 500; [1994] HCA 28 R v Katarzynski [2002] NSWSC 613 Category: Procedural and other rulings Parties: Regina Mathew Flame Representation: Counsel: G Christofi (Crown) J Stratton SC & T O'Rourke (Accused)
Solicitors: Solicitors for Public Prosecutions (Crown) Archbold Gittani Lawyers (Accused) File Number(s): 2018/339226
REVISED EX TEMPORE Judgment
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