R v Deborah Joy Davidson & Anor [2000] NSWSC 188

R v Deborah Joy Davidson & Anor [2000] NSWSC 188

The evidence of Edward Szkudelski, together with the medical evidence that death was due to strangulation, would permit the jury to be satisfied beyond reasonable doubt that Paul Harris was killed in the unit at 10/30 Trinculo Place and that Deborah Davidson was aware of the commission of that offence when she did the acts relied upon by the Crown. The application for a verdict by direction was therefore declined.

Jurisdiction
Australia
Judgment Date
15 March 2000
Procedural Posture
Criminal Law Accessory After the Fact to Murder / Application for Verdict by Direction
Outcome
Application declined.
Legal Topics
['application for Verdict by Direction' 'accessory After the Fact to Murder' 'prima Facie Case']
['criminal Law'] ['application for Verdict by Direction' 'accessory After the Fact to Murder' 'prima Facie Case']

Case Brief

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Procedural Posture

Criminal Law Accessory After the Fact to Murder / Application for Verdict by Direction

Legal Issues

  1. 1 ['Whether the Crown had failed to establish a prima facie case against Deborah Joy Davidson as an accessory after the fact to murder.' 'Whether the Crown had failed to exclude the reasonable possibility that Paul Harris was still alive when Deborah Joy Davidson performed the acts relied upon by the Crown.']

Ratio Decidendi

The evidence of Edward Szkudelski, together with the medical evidence that death was due to strangulation, would permit the jury to be satisfied beyond reasonable doubt that Paul Harris was killed in the unit at 10/30 Trinculo Place and that Deborah Davidson was aware of the commission of that offence when she did the acts relied upon by the Crown. The application for a verdict by direction was therefore declined.

Court Disposition

Application declined.

Orders

  • ['Application declined.']