R v Chai

HIGH COURT OF AUSTRALIAGLEESON CJ,GUMMOW, KIRBY, HAYNE AND CALLINAN JJTHE QUEEN APPELLANTANDCHONG MUN CHAI  RESPONDENTThe Queen v Chai [2002] HCA 1214 March 2002S180/2001ORDER1.   Appeal allowed.2.   Set aside order of the Court of Criminal Appeal of New South Wales dated 25 August 2000.3.   Remit matter to the Court of Criminal Appeal of New South Wales for further hearing and determination of so much of the respondent's appeal to that Court as has not been determined. On appeal from the Supreme Court of New South WalesRepresentation:M G Sexton SC, Solicitor-General for the State of New South Wales with R D Ellis and B K Baker for the appellant (instructed by S E O'Connor, Director of Public Prosecutions (New South Wales))G Nicholson QC with B W Cross for the respondent (instructed by Susan N Goodsell)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSThe Queen v ChaiCriminal law – Manslaughter – Unlawful and dangerous act – Accessorial liability – Requisite mental element – Procurement of assault – Adequacy of directions on nature of assault procured – Directions framed according to issues at trial. Appeal – Criminal appeal – Criminal law – Grounds of appeal – Duty of court of criminal appeal to determine all matters raised by grounds of appeal.Crimes Act 1900 (NSW), s 18(1). GLEESON CJ, GUMMOW, KIRBY, HAYNE AND CALLINAN JJ.   The issue in this appeal concerns the adequacy of a trial judge's directions to a jury on accessorial...