Regina v Andrew [2000] NSWCCA 310

New South Wales Court of Criminal Appeal

CITATION : Regina v Andrew [2000] NSWCCA 310 FILE NUMBER(S) : CCA 60373 of 1999 HEARING DATE(S) : 17 May 2000 JUDGMENT DATE : 17 August 2000

Regina

PARTIES : v

Benjamin Bruce Andrew JUDGMENT OF : Spigelman CJ at 1; James J at 1; Sperling J at 1

LOWER COURT JURISDICTION : Supreme Court LOWER COURT FILE NUMBER(S) : 70071/97 LOWER COURT JUDICIAL Sully J OFFICER :

T A Game QC (Appellant) COUNSEL : M Grogan (Crown) D J Humphreys (Appellant) SOLICITORS : S E O'Connor (Crown) CATCHWORDS : Criminal law - manslaughter by an unlawful and dangerous act- causation of death CASES CITED: Royall v R [1991] 172 CLR 378; R v Moffatt [2000] NSWCCA 174. DECISION : Appeal allowed - order a new trial.

IN THE COURT OF CRIMINAL APPEAL

CCA60373/99

SPIGELMAN CJ JAMES J SPERLING J

Thursday, 17 August 2000 REGINA v ANDREW JUDGMENT

1 THE COURT : On 19 April 1999, the appellant was indicted at the Supreme Court on the following charge: That on 19 May 1990, at Artarmon in the State of New South Wales, he did murder Wayne George Tonks. The appellant pleaded not guilty. On 30 April 1999 the jury returned a verdict of guilty of manslaughter. 2 The appellant has appealed against the conviction on the following grounds:

(1) The trial judge erred in his directions on causation and on the act or acts said to have caused death. (2) The trial judge erred in his directions on unlawful and dangerous act manslaughter. (3) The trial judge erred in his directions on self defence as it related to manslaughter. (4) The trial judge did not adequately or fairly put the defence case.