Australia, April 8 -- New South Wales Land and Environment Court issued text of the following judgement on March 7:

1. DAVIES J: Daniel Bushell, the applicant, and John Tozer were charged that in February 2017 at Oberon in the State of New South Wales they murdered Ricky Ciano. They were tried jointly in the Supreme Court before Rothman J and a jury.

2. On 23 August 2023, the 19th day of the trial, the jury was discharged in the case of Mr Tozer only due to late disclosure of evidence by the police. The applicant's trial continued before the same jury.

3. On 5 September 2023 the jury returned a verdict of not guilty to murder but guilty to manslaughter. Manslaughter was left to the jury on the basis of unlawful and dangerous act in circumstances which will be discussed presently.

4. On 17 November 2023 Rothman J sentenced the applicant for the manslaughter of Mr Ciano as well as for three drug offences to which the applicant had pleaded guilty as follows:

Count 1: Supply large commercial quantity of methylamphetamine (1.928 kilograms);

Count 2: Manufacture a large commercial quantity of methylamphetamine (1.4442 kilograms); and

Count 3: Supply a large commercial quantity of MDMA (2.80522 kilograms).

5. In relation to count 2 an offence of possessing a precursor intended to use in manufacture (1.004 kilograms of ephedrine) was taken into account on a Form 1.

6. His Honour imposed an aggregate sentence of 18 years' imprisonment commencing on 28 April 2017 and expiring on 27 April 2035 with a non-parole period of 12 years expiring on 27 April 2029. The indicative sentence for manslaughter was imprisonment for 9 years.

7. The applicant now seeks leave to appeal against his conviction for manslaughter on the four grounds as follows:

Ground 1: The trial judge erred by permitting the jury to find the applicant guilty of manslaughter in circumstances of a self-killing.

Ground 2 (in the alternative): The trial judge's directions were inadequate in explaining to the jury the requirements for proving manslaughter on the footing that it found the deceased's act was the immediate cause of death.

Ground 3 (in the alternative): The trial was procedurally unfair to the applicant because a new pathway of liability for manslaughter, based on the deceased's self-injection of drugs, was raised for the jury's consideration for the first time during the period of deliberations.

Ground 4 (in the alternative): A miscarriage of justice occurred because evidence relevant to the credibility of an important Crown witness, Witness C, was not disclosed until after the trial.

8. Ground 4 was added with leave at the hearing of the appeal.

9. At the conclusion of the hearing of the appeal on 26 February 2025 the Court made the following orders:

1. The Court grants leave to the appellant to add Ground 4 of the Grounds of Appeal in accordance with the document filed 25 February 2025.

2. Grant leave to appeal.

3. Uphold the appeal.

4. Quash the conviction of the appellant in the Supreme Court.

5. Quash the aggregate sentence imposed by the Supreme Court on 17 November 2023.

6. Order a new trial on a count of manslaughter.

7. Stand the matter into the Supreme Court arraignment list on 7 March 2025.

8. Stand over counts 1, 2 and 3 on the sentence indictment to the arraignment list on 7 March 2025 along with the retrial of the manslaughter.

10. The following are my reasons for joining in those orders.

*Rest of the document and Footnotes can be viewed at: (https://www.caselaw.nsw.gov.au/decision/195445c5750b70462cf38a9c)

Disclaimer: Curated by HT Syndication.