R v Tracey Lee DOWLING [2018] NSWDC 367

District Court New South Wales

Medium Neutral Citation: R v Tracey Lee DOWLING [2018] NSWDC 367 Hearing dates: 17 October – 13 November 2018 Date of orders: 06 December 2018 Decision date: 06 December 2018 Jurisdiction: Criminal Before: His Honour Judge Lerve Decision: Verdict of guilty to the charge that she did unlawfully kill Luke Doyle, contrary to s18(1)(b) of the Crimes Act, 1900. Catchwords: CRIMINAL LAW – manslaughter – criminal negligence - trial by judge alone – multi-drug toxicity – whether deceased was still alive when driven away by accused – whether accused assumed duty of care – whether failing to get medical attention for deceased caused or accelerated his death Legislation Cited: Crimes Act, 1900 Crimes (Sentencing Procedure) Act, 1999 Evidence Act,1995 Cases Cited: Burns v The Queen (2012) 246 CLR 334; [2012] HCA 35 Edwards v The Queen (1993) 178 CLR 193 Mule v The Queen [2004] HCA 49 R v Taktak (1988) 14 NSWLR 226 R v Parker (No. 2) [2018] NSWSC 1122. Category: Principal judgment Parties: Director of Public Prosecutions Tracey Lee Dowling Representation: Counsel: Mr P Kerr for the Director Mr P Lowe for the Accused

Solicitors: Ms Dawson for the Crown Ms McGowan for the Accused File Number(s): 2016/311099 Publication restriction: No

Contents Judgment General Directions Inferences CCTV Onus and burden of proof Accused remains silent Delay in bringing the accused to trial Expert Witnesses Essential Elements or Ingredients of Manslaughter by Criminal Negligence The death of the late Mr Luke Doyle Luke Doyle begins using oxycodone The few days before the death of Luke Doyle Stealing alcohol to swap for oxycodone Events at Craig App's House Luke Doyle shows adverse reaction Luke Doyle taken to the accused's red Nissan Utility The alleged sexual assault of the accused by Matthew Hennock Accused drives away from Apps' home Matthew Hennock at the BP Service Station Heather Dowling finds Luke Doyle dead Did the accused attempt to ring triple-0 Conversation between the accused and Jayarna BRITT Crown's submissions as to lies as consciousness of guilt Expert Evidence – Pathologists and Toxicologists Other matters Legal Issues Verdict