› Whether conduct was a reasonable response in the circumstances as the accused perceived them
› Effect of prior acquittal of murder on elements to be proved
› Crimes Act 1900 (NSW), ss 418, 421
Criminal Law
› Self-defence
› Objective element
› Reasonable response
› Relevance of availability of retreat
› Whether availability of escape renders defence unreasonable
› Crimes Act 1900 (NSW), s 418
Criminal Law
› Judge alone trial
› Directions of law
› Requirement to state principles of law applied and findings of fact relied upon
› Criminal Procedure Act 1986 (NSW), s 133
Quick Take
1Where an accused has been acquitted of murder, the Crown cannot controvert the subjective element of self-defence in a subsequent manslaughter trial; the only remaining issue is whether the conduct was a reasonable response in the circumstances as the accused perceived them.
2The availability of retreat is relevant to both the subjective and objective elements of self-defence under s 418 of the Crimes Act 1900 (NSW), but the fact that the accused's conduct was not the best or most optimal form of defence is not the test for reasonableness.
3On the facts, the prolonged and sustained nature of the deceased's attack, the accused's retreat into a position with no escape, and the fending nature of the knife use meant the Crown could not exclude the reasonable possibility that the response was reasonable.
