NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: McDonald v R [2010] NSWCCA 220
HEARING DATE(S): 31 August 2010
JUDGMENT DATE: 30 September 2010
JUDGMENT OF: Macfarlan JA at 1; Simpson J at 27; Hall J at 28
DECISION: (1) Leave to rely upon Grounds 1 and 2 of the Notice of Appeal is refused; and (2) Appeal dismissed.
CATCHWORDS: CRIMINAL LAW – conviction appeal – former s 33 Crimes Act 1900 – wounding with intent to cause grievous bodily harm – whether trial judge erroneously directed jury that conviction could be based on recklessness – whether trial judge correctly directed jury on need to find both malice and intent to cause grievous bodily harm - CRIMINAL LAW – conviction appeal – self-defence – s 419 Crime Act 1900 – whether trial judge effectively reversed onus of proof – whether trial judge correctly directed jury that Crown required to prove beyond reasonable doubt that accused did not act in self-defence
LEGISLATION CITED: Crimes Act 1900 Criminal Appeal Rules
CATEGORY: Principal judgment
CASES CITED : R v Chai [2002] HCA 12; (2002) 76 ALJR 628 Thomas v R [1960] HCA 2; (1959 – 1960) 102 CLR 584
PARTIES: Jeffrey Keith McDonald (Appellant) Regina (Respondent)
FILE NUMBER(S): CCA 2008/5036
M Dennis (Appellant) COUNSEL: J Pickering (Respondent)
SOLICITORS: Legal Aid Commission Solicitor for Public Prosecutions
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2008/5036
LOWER COURT JUDICIAL OFFICER: Garling DCJ
LOWER COURT DATE OF DECISION: 6 March 2009
IN THE COURT OF CRIMINAL APPEAL CCA 2008/5036
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