R v Bowie (No 5) [2022] NSWSC 1506

Supreme Court New South Wales

Medium Neutral Citation: R v Bowie (No 5) [2022] NSWSC 1506 Hearing dates: 27 October 2022 Date of orders: 27 October 2022 Decision date: 04 November 2022 Jurisdiction: Common Law Before: Yehia J Decision: I refuse the application to give the jury an intoxication direction Catchwords: Application by Crown to give the jury an "intoxication" direction – Direction resisted on the part of the accused – No issue in the trial as to the accused's intoxication Legislation Cited: Crimes Act 1900 (NSW) ss 18(1)(a) and 65 Cases Cited: Beattie v R [2021] NSWCCA 291 R v Hayes [2008] QCA 371 Regina v Stokes & Difford (1990) 51 A Crim R 25 Tully v The Queen (2006) 230 CLR 234; [2006] HCA 56 Category: Procedural rulings Parties: Rex (Crown) John Douglas Bowie (Accused) Representation: Counsel: A Morris (Crown) W Terracini SC (Accused)

Solicitors: Department of Public Prosecution (Crown) LY Lawyers (Accused) File Number(s): 2019/00146792

Judgment 1. By Indictment dated 26 September 2022, John Bowie ("the accused") was charged that he, on or about 5 June 1982, at Walgett or elsewhere in the State of New South Wales, did murder Roxlyn Margaret Bowie ("Roxlyn"), contrary to s 18(1)(a) of the Crimes Act 1900 (NSW). The accused pleaded not guilty to the offence. 2. The trial commenced on Monday 26 September 2022 by way of pre-trial argument, and a jury was empanelled on Tuesday 27 September 2022. The Crown case concluded on Friday 21 October 2022. The accused did not give evidence or call evidence. 3. On the morning of 27 October 2022, the Crown Prosecutor, Mr Morris, notified my chambers by email that he would be seeking that the jury be directed as to "intoxication" with respect to the charge of murder. The direction was not sought in relation to the alternative count of manslaughter. 4. The Defence firmly opposed the giving of such a direction.