R v Price [2021] NSWSC 1191

Supreme Court New South Wales

Medium Neutral Citation: R v Price [2021] NSWSC 1191 Hearing dates: 9, 10, 13, 15 September 2021 Date of orders: 20 September 2021 Decision date: 20 September 2021 Jurisdiction: Common Law - Criminal Before: Rothman J Decision: The Court reaches the following verdict: (1) On the charge that, on 24 June 2019, at Parkes in the State of New South Wales, the accused, Nathan Joseph Price, did murder Jesse Herridge, the accused is found not guilty; (2) On the alternative charge that, on 24 June 2019, at Parkes in the State of New South Wales, the accused, Nathan Joseph Price, did unlawfully kill Jesse Herridge, the accused is found not guilty. The Court makes the following further orders: (1) the accused, Nathan Joseph Price, is discharged on this offence; (2) the exhibits may return to the Crown; and (3) the proceedings are otherwise dismissed. Catchwords: CRIME – murder – judge-alone trial – only issue is self-defence – facts relatively uncontroversial – firearm brought into altercation to deter deceased from threats of grievous bodily harm to accused's mother – deceased affected by methylamphetamine – deceased runs towards accused raising pick handle – accused shoots causing death – Crown fails to disprove accused acted believing it necessary to defend himself and/or his mother – Crown also fails to prove that conduct was, in the circumstances as the accused perceived them, unreasonable – accused acquitted of both murder and manslaughter Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW), s 15A Crimes Act 1900 (NSW), s 23, 418, 421 Category: Principal judgment Parties: Regina (Crown) Nathan Joseph Price (Accused) Representation: Counsel: L Shaw (Crown) I Nash (Accused)