James v R [2015] NSWCCA 125

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: James v R [2015] NSWCCA 125 Hearing dates: 24 April 2015 Decision date: 29 May 2015 Before: Hoeben CJ at CL at [1] Hall J at [125] Wilson J at [276] Decision: (1)In relation to the application for leave to appeal against conviction, leave to appeal is granted and the appeal is allowed. (2)The verdict of guilty of murder is quashed and an acquittal on the charge of murder is entered. (3)There should be a new trial limited to the charge of manslaughter. Catchwords: CRIMINAL LAW – conviction appeal – murder – applicant and deceased shared a house – medical evidence consistent with deceased having attacked applicant with a knife – applicant disarmed deceased and stabbed him – whether Crown negatived self defence – verdict unreasonable and cannot be supported having regard to the evidence – murder conviction quashed – order for new trial restricted to manslaughter. Legislation Cited: Criminal Appeal Act 1912 – s 6(1), s 8(1) Evidence Act 1995 – s 66 Cases Cited: Gerakiteys v The Queen [1984] HCA 8; 153 CLR 317 Graham v The Queen [1998] HCA 61; 195 CLR 606 M v The Queen [1994] HCA 63; 181 CLR 487 MFA v R [2001] HCA 53; 213 CLR 606 R v James [2013] NSWSC 1560 R v PL [2009] NSWCCA 256 SKA v R [2011] HCA 13; 243 CLR 400 Category: Principal judgment Parties: Anthony Mark James – Applicant Regina – Respondent Crown Representation: Counsel: J Stratton SC – Applicant N Adams SC – Respondent Crown