R v Simon George Lees; R v Stuart Lewry [2019] NSWDC 117

District Court New South Wales

Medium Neutral Citation: R v Simon George Lees; R v Stuart Lewry [2019] NSWDC 117 Hearing dates: 28 March 2019 Date of orders: 28 March 2019 Decision date: 28 March 2019 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: The applications for directed verdicts of not guilty are refused. Catchwords: CRIME – trial – criminal negligence manslaughter – existence of duty of care. CRIMINAL PROCEDURE – Judge alone trial – application for directed verdicts - no case submission - how much evidence is required? – quality of evidence need not be reviewed – enough that applicant accused could be found guilty. Legislation Cited: Criminal Procedure Act 1986 Cases Cited: Burns v The Queen [2012] HCA 35; (2012) 217 A Crim R 501 Director of Public Prosecutions Reference Number 1 of 2017 [2019] HCA 9 Fleming v The Queen (1998) 197 CLR 250 Justins v R [2010] NSWCCA 242; (2010) 79 NSWLR 544 Kelly v The King [1923] HCA 46; (1923) 32 CLR 509 at 515 May v O'Sullivan (1955) 92 CLR 654 Moore v R [2015] NSWCCA 316; (2015) 91 NSWLR 276 R v R (1989) 44 A Crim R 404 R v Taktak (1988) 14 NSWLR 226 Category: Procedural and other rulings Parties: Simon George Lees (Accused) Stuart Lewry (Accused) Director of Public Prosecutions Representation: Counsel: Mr G Heathcote (for the Accused Simon Lees) Mr T Healey (for the Accused Stuart Lewry) Mr M Fox (for the Director of Public Prosecutions)