Doran v Director of Public Prosecutions; Brunton v Director of Public Prosecutions [2019] NSWSC 1191

Supreme Court New South Wales

Medium Neutral Citation: Doran v Director of Public Prosecutions; Brunton v Director of Public Prosecutions [2019] NSWSC 1191 Hearing dates: 29 May 2019 Decision date: 11 September 2019 Jurisdiction: Common Law Before: Simpson AJA Decision: In relation to proceedings 2018/387743: (1) The time fixed by Pt 51B.6(1) of the Supreme Court Rules 1970 (NSW) is extended to 17 December 2018; (2) Summons dismissed; (3) Plaintiffs to pay the defendant's costs of the proceedings.

In relation to proceedings 2019/13069: (1) The time fixed by Pt 51B.6(1) of the Supreme Court Rules 1970 (NSW) is extended to 14 January 2019; (2) Summons dismissed; (3) Plaintiff to pay the defendant's costs of the proceedings. Catchwords: CRIMINAL LAW – appeal on question of law –plaintiffs convicted of affray after violent melee – whether plaintiffs' conduct was carried out in self-defence – relevance of plaintiffs' intoxication on the assessment of reasonableness in the circumstances as perceived by plaintiffs –objective test – no error established Legislation Cited: Crimes Act 1900 (NSW), ss 418, 419, Pt 11 Div 3 Crimes Amendment (Self-defence) Act 2001 (NSW) Crimes (Appeal and Review) Act 2001 (NSW), s 52, Supreme Court Rules 1970 (NSW), Pt 51B.6 Cases Cited: Colosimo v Director of Public Prosecutions (NSW) (2005) 64 NSWLR 645; [2005] NSWSC 854 Colosimo v Director of Public Prosecutions (NSW) [2006] NSWCA 293 Douglas v R [2005] NSWCCA 419 McCullough v R [1982] Tas R 43; (1982) 6 A Crim R 274 R v Conlon (1993) 69 A Crim R 92 R v Katarzynski [2002] NSWSC 613 Zecevic v Director of Public Prosecutions (Vic) (1987) 162 CLR 645; [1987] HCA 26 Category: Principal judgment Parties: In proceedings 2018/387743 Bailie Robert Doran (First Appellant) Jordan Jason Weeks (Second Appellant) Director of Public Prosecutions (Respondent)