R v Dacey, Ian; R v Dacey, Lee [2014] NSWSC 1201

Supreme Court New South Wales

Medium Neutral Citation: R v Dacey, Ian; R v Dacey, Lee [2014] NSWSC 1201 Hearing dates: 11 - 26 August 2014 Decision date: 29 August 2014 Before: R A Hulme J Decision: Ian Dacey: Not Guilty to murder; Guilty to causing grievous bodily harm with intent Lee Dacey: Not Guilty to murder; Not guilty to causing grievous bodily harm with intent Catchwords: CRIMINAL LAW - murder - grievous bodily harm with intent - previous trial but no verdicts reached - trial by judge alone - causation - reasonable possibility that stab wounds inflicted by Ian Dacey did not substantially or significantly contribute to death of deceased - common ground that grievous bodily harm was caused - satisfied beyond reasonable doubt that grievous bodily harm was intentionally caused - satisfied beyond reasonable doubt that Ian Dacey did not believe it was necessary in order to defend brother - joint criminal enterprise to assault but no foresight of grievous bodily harm Legislation Cited: Criminal Procedure Act 1986 (NSW) Evidence Act 1995 (NSW) Category: Principal judgment Parties: Regina Ian Dacey Lee Dacey Representation: Counsel: Mr L Carr (Crown) Mr T Hoyle SC (Ian Dacey) Ms A Moen (Lee Dacey) Solicitors: Solicitor for Public Prosecutions Armstrongs Solicitors Pty Ltd Mandy Hull & Associates File Number(s): 2011/333188; 2011/356716