Bushell v R [2025] NSWCCA 23

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Bushell v R [2025] NSWCCA 23 Hearing dates: 26 February 2025 Date of orders: 26 February 2025 Decision date: 07 March 2025 Before: Davies J at [1] Lonergan J at [77] Yehia J at [78] Decision: 1. The Court grants leave to the appellant to add Ground 4 of the Grounds of Appeal in accordance with the document filed 25 February 2025. 2. Grant leave to appeal. 3. Uphold the appeal. 4. Quash the conviction of the appellant in the Supreme Court. 5. Quash the aggregate sentence imposed by the Supreme Court on 17 November 2023. 6. Order a new trial on a count of manslaughter. 7. Stand the matter into the Supreme Court arraignment list on 7 March 2025. 8. Stand over counts 1, 2 and 3 on the sentence indictment to the arraignment list on 7 March 2025 along with the retrial of the manslaughter. Catchwords: CRIME – appeals – appeal against conviction – where the applicant and co-accused were charged with murder – where the Crown case was that the deceased died because one or other or both of the applicant and co-accused injected the deceased with drugs – where jury initially directed that if deceased self-injected the applicant was not liable – where trial judge permitted Crown to broaden its case after jury sent out to deliberate – whether trial judge erred by permitting the jury to find the applicant guilty of manslaughter in circumstances of a self-killing – where jury redirected inconsistently with IL v The Queen - where there can be no liability for the applicant for manslaughter in accordance with IL – conviction and sentence quashed – new trial ordered Legislation Cited: Crimes Act 1900 (NSW) s 18 Crimes (Appeal and Review) Act 2001 (NSW) s 107 Drug Misuse and Trafficking Act 1985 (NSW) ss 12, 13, 14, 19 Cases Cited: Burns v The Queen (2012) 246 CLR 334; [2012] HCA 35 IL v The Queen (2017) 262 CLR 268; [2017] HCA 27 Moussa v R [2017] NSWCCA 237 Osland v The Queen (1998) 197 CLR 316; [1998] HCA 75 R v IL [2016] NSWCCA 51 R v IL (No 2) [2014] NSWSC 1710 R v Bushell (No 18) [2023] NSWSC 1454 Texts Cited: Nil Category: Principal judgment Parties: Daniel Bushell (Applicant) Crown (Respondent) Representation: Counsel: T Quilter & C Feiner (Applicant) B Hatfield SC & C Brain (Respondent)