Swan v R [2018] NSWCCA 260

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Swan v R [2018] NSWCCA 260 Hearing dates: 2 May 2018 Date of orders: 23 November 2018 Decision date: 23 November 2018 Before: Bathurst CJ at [1]; Hoeben CJ at CL at [103]; R A Hulme J at [104] Decision: Appeal dismissed. Catchwords: CRIMINAL LAW – General matters – Criminal liability– Causation – accused tried on indictment for murder victim died eight months after assault during a home invasion – conflicting medical evidence concerning cause of death – whether it was open to the jury to conclude that the assault caused the death of the victim Legislation Cited: Criminal Appeal Rules (NSW) Cases Cited: Medlin v State Government Insurance Commission (1995) 182 CLR 1; [1995] HCA 5 Moffatt v The Queen [2000] NSWCCA 174 Osland v The Queen (1998) 197 CLR 316; [1998] HCA 75 Patel v The Queen (2012) 247 CLR 531; [2012] HCA 29 Reynolds v The Queen [2015] NSWCCA 29 Royall v The Queen (1991) 172 CLR 378; [1991] HCA 27 Category: Principal judgment Parties: William Rodney Swan (applicant) The Crown (respondent) Representation: Counsel: B Rigg SC (applicant) T Smith (respondent)

Solicitors: William O'Brien & Ross Hudson Solicitors (applicant) Solicitor for Public Prosecutions (respondent) File Number(s): 2013/117929 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Criminal Citation: N/A Date of Decision: 20 May 2016 (conviction); 16 December 2016 (sentence) Before: N Adams J File Number(s): 2013/117929