Regina v MUNRO [2000] NSWSC 1168

New South Wales Supreme Court

CITATION : Regina v MUNRO [2000] NSWSC 1168 CURRENT JURISDICTION: 70073/00 FILE NUMBER(S) : SC 70043/00 HEARING DATE(S) : 4, 5 and 6 December 2000 JUDGMENT DATE : 13 December 2000

PARTIES : Regina v Christopher Brett MUNRO JUDGMENT OF : Badgery-Parker AJ at 1

M Barr S Loughnan (Crown) COUNSEL : B M J Toomey QC R A Cavanagh (Accused) Department of Public Prosecutions (Crown) SOLICITORS : Walsh & Blair (Accused) CATCHWORDS : Murder - manslaughter - self defence - Home Invasion (Occupants Protection) Act 1990 No. 109. LEGISLATION CITED : Home Invasion (Occupants Protection) Act 1990 No. 109; Criminal Procedure Act 1986; Evidence Act. CASES CITED : Zecevic v Direcor of Public Prosecutions (VIC) (1987) 162 CLR 645; Regina v Hawes (1995) 35 NSWLR 294; Regina v Rogers (1996) 86 A Crim R 542. DECISION : Not guilty of murder. Guilty of manslaughter.

THE SUPREME COURT OF NEW SOUTH WALES CRIMINAL DIVISION

BADGERY-PARKER AJ

Wednesday, 13 December 2000

70043/00 - REGINA v Christopher Brett MUNRO

JUDGMENT 1 HIS HONOUR: On 4 December 2000 Christopher Brett Munro was indicted on a charge that at Coolamon on 26 December 1999 he murdered Benjamin Phillip Prior. To that charge he pleaded not guilty. 2 A sufficient time before the date fixed for his trial, the accused, having taken appropriate legal advice, elected to be tried by judge alone, and the Crown consented to that election. After indictment the accused confirmed to me that it remained his wish to waive his right to trial by jury and to be tried by judge alone. 3 The Criminal Procedure Act 1986 provides by s 17 as follows: "s 17 Verdict of single judge 17 (1) A Judge who tries criminal proceedings without a jury may make any finding that could have been made by a jury on the question of the guilt of the accused person. Any such finding has, for all purposes, the same effect as a verdict of a jury. (2) A judgment by a Judge in any such case must include the principles of law applied by the Judge and the findings of fact on which the Judge relied. (3) If any Act or law requires a warning to be given to a jury in any such case, the Judge is to take the warning into account in dealing with the matter." 4 The first relevant principles of law are those which require that the Crown prove beyond reasonable doubt every element of the offence charged, or, if the elements of murder are not proved, every element of manslaughter. In the circumstances of the present case, the Crown must prove beyond reasonable doubt: (i) That the death of Benjamin Prior resulted from an act done by the accused. (ii) Either: (a) that that act was done with intent to kill or with intent to inflict grievous bodily harm, in which case the accused may be guilty of murder; or