R. v. RIK [2004] NSWCCA 282

New South Wales Court of Criminal Appeal

CITATION : R. v. RIK [2004] NSWCCA 282 revised - 06/09/2004 HEARING DATE(S) : 11 August 2004 JUDGMENT DATE : 19 August 2004

JUDGMENT OF : Hodgson JA at 1; Hulme J at 25; Smart AJ at 26 DECISION : Appeal dismissed.

CATCHWORDS : CRIMINAL LAW - Appeal - Manslaughter - Whether evidence sufficient - Whether verdict unreasonable - Whether conduct of appellant dangerous - Whether response of deceased reasonable or proportionate PARTIES : Regina - respondent/Crown RIK - appellant FILE NUMBER(S) : CCA 60185/04 COUNSEL : Mr. R. Hulme SC for appellant Mr R. Cogswell SC with Dr. J.A. Quilter for the respondent/Crown SOLICITORS : S. O'Connor for appellant S. Kavanagh for respondent/Crown

LOWER COURT Supreme Court JURISDICTION : LOWER COURT SC 70042/03 FILE NUMBER(S) : LOWER COURT Kirby J JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL CCA 60185/04 SC 70042/03

HODGSON JA HULME J SMART AJ

Thursday 19 August 2004 REGINA V. RIK Judgment 1 HODGSON JA: On 27 October 2003, the appellant was arraigned before Kirby J in the Supreme Court on three charges concerning events that occurred on 27 October 2002 at Redfern, namely that he: (1) did cause the death of William Christopher Harris in circumstances amounting to manslaughter; (2) did threaten unlawful violence towards William Christopher Harris and his conduct was such that a person of reasonable firmness at the scene would have feared for his or her safety; (3) did unlawfully endanger the safety of William Christopher Harris who was on a railway.