R v PL [2009] NSWCCA 256

Reported Decision: 199 A Crim R 199 Appeal Outcome: Special leave refused by the High Court (s98/2010) 1 October 2010

New South Wales Court of Criminal Appeal

CITATION: R v PL [2009] NSWCCA 256

HEARING DATE(S): 27 August 2009

JUDGMENT DATE: 8 October 2009

JUDGMENT OF: Spigelman CJ at 1; McClellan CJatCL at 97; RA Hulme J at 98

1 Affirm the acquittal on the charge of murder. DECISION: 2 Quash the verdict of acquittal on the charge of manslaughter. 3 Order a new trial limited to a charge of manslaughter.

CATCHWORDS: CRIMINAL LAW – appeal – appeal from directed acquittal 'on any ground that involves a question of law alone' – identifying ground of appeal – meaning of question of law and similar statutory formulations – statutory context – abrogation of double jeopardy principle – mixed question of law and fact not question of law alone – application of law to facts not question of law alone – Crimes (Appeal and Review) Act 2001, s 107 - CRIMINAL LAW – double jeopardy – abrogation of double jeopardy principle by s 107 of the Crimes (Appeal and Review) Act 2001 - CRIMINAL LAW – murder – manslaughter – actus reus – not necessary to establish precise act causing death - CRIMINAL LAW – appeal and new trial – powers of Court of Criminal Appeal – nature of discretion in quashing acquittal and directing new trial under s 107 – prosecutorial discretion – whether Court can limit new trial to manslaughter only, where original trial for murder – circumstances in which Court can limit new trial – Crimes (Appeal and Review) Act 2001, ss 101, 104, 107 – Criminal Appeal Act 1912, ss 6, 8 - STATUTORY INTERPRETATION – 'on any ground that involves a question of law alone' – 'may order a new trial in such manner as the Court thinks fit' – statutory context – abrogation of common law principle of double jeopardy - WORDS & PHRASES – 'may' – 'question of law alone'