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Case information
Lower Court Judgment
22/03/2017 Supreme Court of New South Wales (Court of Criminal Appeal) (Meagher JA, Davies J, Fagan J)
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.
Documents
15/12/2017 Hearing (SLA, Sydney)
21/12/2017 Notice of appeal
02/02/2018 Written submissions (Appellant)
02/02/2018 Chronology (Appellant)
02/03/2018 Written submissions (Respondent)
23/03/2018 Reply
16/05/2018 Hearing (Full Court, Canberra) (Audio-visual recording)
16/05/2018 Outline of oral argument (Appellant)
16/05/2018 Outline of oral argument (Respondent)
20/06/2018 Judgment (Judgment summary)