Full Court Minute Books

Case S46/2012

Burns v. The Queen

Case No.


Case Information

Lower Court Judgment

1/04/2011 Supreme Court of New South Wales (Court of Criminal Appeal) (McClellan CJ at CL, Schmidt J, Howie J)

[2011] NSWCCA 56


Criminal law — Homicide — Manslaughter — Involuntary manslaughter — Criminal negligence — Duty of care to deceased — Existence of duty of care — Applicant the supplier of illicit drug to victim — Victim died after consuming an illicit drug at the applicant's premises — Victim had consumed two different types of drug — One type of drug was medication consumed by the victim prior to attending the applicant's premises — Victim refused an offer by the applicant's husband to call an ambulance — Whether the circumstances were capable of giving rise to a duty of care — Whether the trial judge's directions as to the existence of a duty of care were erroneous — Whether the trial judge's directions as to causation were erroneous — Whether causation could be established on either limb of involuntary manslaughter where a person by his or her own act voluntarily consumes the substance that is a substantial cause of his or her death.

Short Particulars


10/02/2012 Hearing (SLA, Sydney)

21/02/2012 Notice of appeal

09/03/2012 Written submissions (Appellant)

09/03/2012 Chronology (Appellant)

30/03/2012 Written submissions (Respondent)

17/04/2012 Reply

02/05/2012 Hearing (Full Court, Canberra)

03/05/2012 Hearing (Full Court, Canberra)

20/06/2012 Pronouncement of orders (Full Court, Canberra)

14/09/2012 Judgment  (Judgment summary)