Regina v Munro [2001] NSWCCA 187

Reported Decision : 51 NSWLR 540

New South Wales Court of Criminal Appeal

CITATION : Regina v Munro [2001] NSWCCA 187 FILE NUMBER(S) : CCA 60021/01 HEARING DATE(S) : 30 April 2001 JUDGMENT DATE : 18 May 2001

PARTIES : Regina v Christopher Brett Munro JUDGMENT OF : Stein JA at 1; Greg James J at 51; Bell J at 55

LOWER COURT JURISDICTION : Supreme Court LOWER COURT FILE NUMBER(S) : SC 70043/00 LOWER COURT JUDICIAL Badgery-Parker AJ OFFICER :

COUNSEL : B M J Toomey QC/M A Kumar - Appellant M C Marien - Crown SOLICITORS : Walsh & Blair - Appellant S E O'Connor - Crown CATCHWORDS : CRIMINAL LAW - manslaughter - self-defence - whether the occasion for self-defence had ceased. - CRIMINAL LAW - self-defence - whether reasonable grounds for belief that the act was necessary. - CRIMINAL LAW - self-defence - Home Invasion (Occupants Protection) Act 1998 - whether Act declared and clarified the common law - whether Act extended the rights of an occupier at common law - D LEGISLATION CITED : Home Invasion (Occupants Protection) Act 1998 CASES CITED: n/a DECISION : Appeal against conviction dismissed

IN THE COURT OF CRIMINAL APPEAL

60021/01 STEIN JA GREG JAMES J BELL J

Friday, 18 May 2001

REGINA v Christopher Brett MUNRO JUDGMENT 1 STEIN JA: Introduction 2 On 13 December 2000 Badgery-Parker AJ, sitting without a jury, found the appellant not guilty of the murder of Benjamin Phillip Prior on 26 December 1999 but guilty of manslaughter. His Honour gave written reasons for his decision. On 19 December 2000 his Honour sentenced the appellant to imprisonment for a term of 3 years from 25 December 1999 to expire on 24 December 2002 and determined a non-parole period to expire on 22 December 2000. 3 Two of the grounds of appeal challenge findings of fact made by the trial judge. With the consent of the Crown the appellant added a ground to the effect that the verdict was unreasonable as not being supported by the evidence.