Moussa v R [2017] NSWCCA 237

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Moussa v R [2017] NSWCCA 237 Hearing dates: 24 October 2016 Date of orders: 04 October 2017 Decision date: 04 October 2017 Before: Ward JA at [1]; Fagan J at [59]; N Adams J at [69] Decision: (1) Leave is granted to the appellant to bring ground 2(a) of the amended grounds of appeal. (2) Appeal allowed. (3) Quash the appellant's conviction for manslaughter contrary to s 18(1)(b) of the Crimes Act 1900. Catchwords: CRIMINAL LAW – appeal – joint criminal enterprise – manslaughter – where deceased's act causes own death – s 18 Crimes Act 1900 (NSW) does not encompass self-killing – conviction quashed Legislation Cited: Crimes Act 1900 (NSW), ss 18(1)(b), 195(1A)(b), Criminal Appeal Rules (NSW), r 4 Cases Cited: ARS v R [2011] NSWCCA 266 CLD v R [2015] NSWCCA 114 IL v R [2016] NSWCCA 51 IL v R [2017] HCA 27 IL v The Queen [2017] HCATrans 65 Osland v The Queen (1998) 197 CLR 316; [1998] HCA 75 Woolcock Street Investments Pty Ltd v CDG Pty Ltd (2004) 216 CLR 515; [2004] HCA 16 Category: Principal judgment Parties: Christopher Moussa (Appellant) Regina (Respondent) Representation: Counsel: Ms A Francis with Ms S Palaniappan (Appellant) Ms S Dowling SC (Respondent)

Solicitors: Legal Aid NSW (Appellant) Director or Public Prosecutions (Respondent) File Number(s): 2012/00185481 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 01 October 2014 Before: Colefax SC DCJ File Number(s): 2012/185481