Bushell v R

[2025] NSWCCA 23

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Homicide
3. › Manslaughter
4. › Unlawful and dangerous act
5. › Self-killing
6. › Whether trial judge erred by permitting jury to find applicant guilty of manslaughter where deceased may have self-injected drugs
7. › Whether accessorial liability available where principal actor killed himself
8. › Crimes Act 1900 (NSW), s 18
1. Criminal Law
2. › Appeals
3. › Appeal against conviction
4. › Misdirection
5. › Redirection after jury retired to deliberate
6. › Whether broadening of Crown case after jury sent out constituted fundamental change
7. › Whether redirection inconsistent with IL v The Queen
1. Criminal Law
2. › Homicide
3. › Manslaughter
4. › Accessorial liability
5. › Principal in the second degree
6. › Derivative liability
7. › Whether accessory can be liable where principal actor cannot be guilty of the offence
8. › Drug Misuse and Trafficking Act 1985 (NSW), ss 12, 13, 14, 19

Quick Take

Where the Crown case involves a possible self-injection of drugs by the deceased, a pathway to manslaughter based on the accused aiding and abetting that self-injection is not available because accessorial liability is derivative and the deceased cannot be guilty of his own manslaughter under s 18 of the Crimes Act 1900 (NSW).

Case Details

Citation[2025] NSWCCA 23

CourtNSWCCA

JurisdictionNew South Wales

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Relies on7

2023R v Bushell (No 18)NSWSC 1454
2017Moussa v RNSWCCA 237
2017IL v The QueenHCA 27
2016R v IlNSWCCA 51
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