R v Egan [2021] NSWSC 1623

Supreme Court New South Wales

Medium Neutral Citation: R v Egan [2021] NSWSC 1623 Hearing dates: 15 November 2021 – 3 December 2021 Date of orders: 24 November 2021 Decision date: 24 November 2021 Jurisdiction: Common Law Before: Button J Decision: (1) Direct the jury that intoxication can be taken into account in determining whether the conceded indispensable intermediate fact of the stabbing having been underpinned by a willed act has been established beyond reasonable doubt. Catchwords: CRIME – murder trial –– where accused pleaded guilty to manslaughter by unlawful and dangerous act on the basis that his acts, taken as a whole, were voluntary and caused the death of the deceased —where accused disputed in murder trial that the stabbing that directly caused death was voluntary —where Crown conceded that that was an indispensable intermediate fact with regard to proof of a necessary mental element for murder — accused intoxicated by alcohol at crucial time — concession that intoxication self-induced — whether statutory prohibition on taking into account self-induced intoxication with regard to proof of actus reus of an offence applies in those circumstances Legislation Cited: Crimes Act 1900 (NSW), s 428G Cases Cited: R v Majewski (1976) 2 WLR 623; [1977] AC 443 Shepherd v The Queen (1990) 170 CLR 573; [1990] HCA 56 The Queen v O'Connor (1980) 146 CLR 64; [1980] HCA 1 Category: Procedural rulings Parties: Regina (Crown) Graham Anthony Egan (Accused) Representation: Counsel:

K Jeffreys (Crown) D Barrow (Accused)