NSW Caselaw
Reported Decision : 166 A Crim R 273
New South Wales Court of Criminal Appeal
CITATION: Ward v Regina [2006] NSWCCA 321
HEARING DATE(S): 9 August 2006
JUDGMENT DATE: 10 October 2006
JUDGMENT OF: Tobias JA; Howie J; Rothman J
DECISION: (a) Appeal against conviction dismissed; (b) Grant leave to appeal against sentence, but dismiss the appeal
CATCHWORDS: CRIMINAL LAW – Appeal – Against Conviction – s418(2) & s421 of the Crimes Act 1900 – Whether judge's repeated references to alternative verdict led jury to believe that a complete acquittal was not reasonably open to it. - SENTENCING – Appeal – Manslaughter – Protean character of manslaughter as an offence – It is necessary to establish a trial judge's discretion miscarried in the House v King sense.
LEGISLATION CITED: Crimes (Sentencing) Procedure Act 1999, s3A, s21A Crimes Act 1900, s418(2), s421(2)
Dinsdale v The Queen (2000) 202 CLR 321 House v The King (1936) 55 CLR 499 Lowndes v The Queen (1999) 195 CLR 665 Markarian v The Queen (2005) 79 ALJR 1048 R v Forbes [2005] NSW CCA 377 CASES CITED: R v Hill (1981) 3 A Crim R 397 at 402 R v McDonald (NSWCCA, 12 December 1995) R v Morabito (1992) 62 A Crim R 82 R v Muddle [2004] NSWSC 403 R v Previtera (1997) 94 A Crim R 76 R v Trevenna (2003) 149 A Crim R 505 Vuni v Regina [2006] NSWCCA 171
PARTIES: Trevor Alan Ward Regina
FILE NUMBER(S): CCA 2006/258
COUNSEL: A: T Bellanto QC R: D Woodburne
SOLICITORS: A: Bradfield Anderson R: S Kavanagh (Public Prosecutions)
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