NSW Caselaw
New South Wales Court of Appeal
CITATION: COLOSIMO & ORS. V. DIRECTOR OF PUBLIC PROSECUTIONS (NSW) [2006] NSWCA 293
HEARING DATE(S): 15 September 2006
JUDGMENT DATE: 2 November 2006
JUDGMENT OF: Handley JA at 1; Hodgson JA at 2; Ipp JA at 28
DECISION: Appeal dismissed with costs.
CATCHWORDS: CRIMINAL LAW - Appeal - Question of law - Self-defence - Whether evidence before magistrate sufficient to raise self-defence - Need for evidence capable of indicating, as a matter of legitimate reasoning, a reasonable possibility that the accused had the requisite belief and perception - In absence of evidence from the accused, need to consider what beliefs and perceptions could reasonably be had.
LEGISLATION CITED: Crimes Act 1990 ss.93C, 418, 419 and 422
Douglas v. R [2005] NSWCCA 419 R v. Duncan [2006] QCA 46 CASES CITED: R v. Imadonmwonyi [2004] VSC 361 R v. Mekic [2004] SASC 44 R v. Nguyen (1995) 36 NSWLR 397 Zecevic v. Director of Public Prosecutions (1987) 162 CLR 645
Julius Colosimo - 1st claimant PARTIES: Sergio Colosimo - 2nd claimant Vincenzo Colosimo - 3rd claimant Director of Public Prosecutions (NSW) - opponent
FILE NUMBER(S): CA 40070/06
COUNSEL: Mr. D.F. Jackson QC with Mr. D. Pullinger and Mr. J. Hogan-Doran for applicants Mr. P. Lakatos SC for opponent
SOLICITORS: Anderson Boemi, Round Corner for applicants Solicitor for Public Prosecutions, Sydney for opponent
LOWER COURT JURISDICTION: Supreme Court - Common Law Division
LOWER COURT FILE NUMBER(S): SC12745/04
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