Regina v PL [2012] NSWCCA 31

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Regina v PL [2012] NSWCCA 31 Hearing dates: 9 December 2011 Decision date: 20 March 2012 Before: Bathurst CJ at [1]; Simpson J at [50]; Adamson J at [51] Decision: 1 Appeal allowed. 2 Verdict of acquittal on charge of manslaughter quashed. 3 Order a new trial on the charge of manslaughter. Catchwords: CRIMINAL LAW - appeal - directed acquittal - whether trial judge erred in directing verdict of acquittal

CRIMINAL LAW - appeal - directed acquittal - whether the evidence taken at its highest could support a guilty verdict

CRIMINAL LAW - appeal - acquittal - discretion to order retrial - third retrial - whether jury guilty verdict would be set aside as unreasonable Legislation Cited: Crimes (Appeal and Review) Act 2001, s 107 Cases Cited: Doney v The Queen [1990] HCA 51; (1990) 171 CLR 207 Green v United States, 355 US 184 at 187-188 (1957) Maxwell v The Queen (1995-1996) 184 CLR 501 May v O'Sullivan [1955] HCA 38; (1955) 92 CLR 654 Pearce v The Queen [1998] HCA 57; (1998) 194 CLR 610 R v Hillier [2007] HCA 13; (2007) 228 CLR 618 R v JMR (1991) 57 A Crim R 39 R v PL [2010] NSWCCA 256; (2010) 261 ALR 365 R v R (1989) 18 NSWLR 74 Smith v R (2000) 1 WLR 1644 Category: Principal judgment Parties: Regina (Crown) PL (Respondent) Representation: P G Ingram SC (Crown) W Terracini SC (Respondent) Solicitor for Public Prosecutions (Crown) Archbold Legal Solutions (Respondent) File Number(s): 2008/6766 Publication restriction: If there is to be a retrial, judgment should not be posted on the internet until after such trial. Decision under appeal Citation: [2011] NSWSC 785 Date of Decision: 2011-07-29 00:00:00 Before: Adams J File Number(s): 2008/6766