Full Court Minute Books

Case S291/2019

Swan v. The Queen

Case No.


Case Information

Lower Court Judgment

23/11/2018 Supreme Court of New South Wales (Court of Criminal Appeal) (Bathurst CJ, Hoeben CJ, R A Hulme J)

[2018] NSWCCA 260


Criminal law – Causation – Where accused and another tried and convicted for murder – Where victim died almost eight months after assault during a home robbery – Where assault caused victim serious injuries amounting to grievous bodily harm – Where victim died due to complications from fractured hip not sustained during assault – Whether Crown case theory on cause of death was not supported by evidence and should not have been left to jury – Whether miscarriage of justice resulted from crown prosecutor’s closing address about causation.

Short Particulars


13/09/2019 Hearing (SLA, Sydney)

27/09/2019 Notice of appeal

05/11/2019 Written submissions (Appellant)

05/11/2019 Chronology (Appellant)

03/12/2019 Written submissions (Respondent)

20/12/2019 Reply

13/02/2020 Hearing (Full Court, Canberra) (Audio-visual recording)

13/02/2020 Outline of oral argument (Appellant)

13/02/2020 Outline of oral argument (Respondent)

13/02/2020 Amended notice of appeal

18/03/2020 Judgment (Judgment summary)