NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: DENNIS ARTHUR BELLCHAMBERS v REGINA [2008] NSWCCA 235
HEARING DATE(S): 8 September 2008
JUDGMENT DATE: 14 October 2008
JUDGMENT OF: Allsop P at 1; Johnson J at 42; Price J at 43
1. Grant leave to rely on misdirection as to intoxication. DECISION: 2. Allow the appeal. 3. Quash the conviction of the appellant. 4. Order that there be a new trial.
CATCHWORDS: CRIMINAL LAW – grievous bodily harm – intent to cause grievous bodily harm – Crimes Act 1900(NSW) ss 33, 428A-428I – whether inference can be drawn from seriousness of wounds - CRIMINAL LIABILITY AND CAPACITY – intoxication – direction as to intoxication – whether misdirection as to intoxication – Criminal Appeal Act 1912 (NSW), s 6(1) – Criminal Appeal Rules, r 4 - INTOXICATION – capacity to form specific intent.
Crimes Act 1900 (NSW) LEGISLATION CITED: Criminal Appeal Act 1912 (NSW) Criminal Appeal Rules
CATEGORY: Principal judgment
Coleman (1990) 19 NSWLR 467; 47 A Crim R 306 CASES CITED : Spencer (2003) 137 A Crim R 444 Tripodina (1988) 35 A Crim R 183 Viro v The Queen (1978) 141 CLR 88
PARTIES: Dennis Arthur Bellchambers Regina
FILE NUMBER(S): CCA 4637/2007
COUNSEL: Appellant - Mr S Odgers SC Crown - Mr P G Ingram
SOLICITORS: Appellant - Ziman and Ziman Solicitors Crown - S Kavanagh (Solicitor for Public Prosecutions)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/11/0737
LOWER COURT JUDICIAL OFFICER: Freeman DCJ
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