O'Connell v. Director of Public Prosecutions

Director of Public Prosecutions v. O'Connell

Lower Court Judgment

C2/2026: 29/09/2025 Supreme Court of the Australian Capital Territory (McCallum CJ, Loukas-Karlsson and Taylor JJ)
[2025] ACTCA 41

C3/2026: 27/06/2025 Supreme Court of the Australian Capital Territory (McCallum CJ, Loukas-Karlsson and Taylor JJ)
[2025] ACTCA 20

Catchwords

C2/2026: Criminal law – appeal against conviction following jury trial for murder – where statutory alternative offence of manslaughter left to jury – where jury found appellant guilty of murder – where appellate court quashed conviction and entered verdict of acquittal of murder – whether open to appellate court to substitute verdict of guilty of manslaughter – consideration by majority as to whether their findings preclude entry of substituted verdict – consideration of effect of s 297 of the Crimes Act 1900 (ACT)

C3/2026: Criminal law – appeal against conviction after jury verdict – whether verdict unreasonable or not supported by evidence – whether miscarriage of justice – whether jury ought to have entertained doubt as to requisite mental element of reckless indifference – role of appellate court