Lane v. The Queen

Lower Court Judgment

22/03/2017 Supreme Court of New South Wales (Court of Criminal Appeal) (Meagher JA, Davies J, Fagan J)

[2017] NSWCCA 46

Catchwords

Criminal law – Appeal against conviction – Proviso – Criminal Appeal Act 1912 (NSW) s 6(1) – Where jury found appellant not guilty of murder but guilty of manslaughter – Where Crown alleged two discrete voluntary acts causing death – Where Court of Criminal Appeal held trial judge erred by failing to direct that jury must be unanimous as to at least one of acts upon which the Crown relied – Where majority of Court of Appeal held no substantial miscarriage of justice within meaning of s 6(1) – Whether majority of Court of Criminal Appeal erred in application of proviso.

Short particulars