R v M.J.J. [2004] NSWSC 57

R v M.J.J. [2004] NSWSC 57

The accused did not intend to kill T.S. beyond reasonable doubt; his repeated assertions to police that he aimed at T.S.'s stomach and not her chest were credible, and the circumstances left reasonable doubt as to intent to kill. The intent to do grievous bodily harm was admitted by plea, and intent for malice in relation to injury of C.B. was satisfied by the admitted intent regarding T.S. The evidence did not prove beyond reasonable doubt the accused intended to harm T.S. by means of the explosive substance, and so acquittal on that count was appropriate.

Jurisdiction
Australia
Judgment Date
18 February 2004
Procedural Posture
Criminal Trial / Verdict and Conviction
Outcome
Accused acquitted on counts of attempted murder of T.S. and throwing explosive substance at T.S.; convicted on counts of malicious wounding of T.S. with intent to do grievous bodily harm, malicious wounding of C.B. with intent to do grievous bodily harm to a person, and using prohibited weapon without authorisation.
Legal Topics
['attempted Murder' 'malicious Wounding' 'use of Prohibited Weapon' 'explosive Substance Offences' 'trial by Judge Alone']
['criminal Law'] ['attempted Murder' 'malicious Wounding' 'use of Prohibited Weapon' 'explosive Substance Offences' 'trial by Judge Alone']

Case Brief

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Procedural Posture

Criminal Trial / Verdict and Conviction

Legal Issues

  1. 1 ['Whether the accused intended to kill T.S. (attempted murder)' 'Whether the accused maliciously wounded T.S. with intent to do grievous bodily harm' 'Whether the accused maliciously threw an explosive substance at T.S. with intent to do grievous bodily harm' 'Whether the accused maliciously wounded C.B. with intent to do grievous bodily harm to a person' 'Whether intent to harm T.S. suffices for proof of malice regarding injury to C.B. (Count 4)' 'Whether the accused used a prohibited weapon without authorisation']

Ratio Decidendi

The accused did not intend to kill T.S. beyond reasonable doubt; his repeated assertions to police that he aimed at T.S.'s stomach and not her chest were credible, and the circumstances left reasonable doubt as to intent to kill. The intent to do grievous bodily harm was admitted by plea, and intent for malice in relation to injury of C.B. was satisfied by the admitted intent regarding T.S. The evidence did not prove beyond reasonable doubt the accused intended to harm T.S. by means of the explosive substance, and so acquittal on that count was appropriate.

Court Disposition

Accused acquitted on counts of attempted murder of T.S. and throwing explosive substance at T.S.; convicted on counts of malicious wounding of T.S. with intent to do grievous bodily harm, malicious wounding of C.B. with intent to do grievous bodily harm to a person, and using prohibited weapon without authorisation.

Orders

  • ['Accused found not guilty of the attempted murder of T.S.; verdict of acquittal entered.' 'Accused, having pleaded guilty, convicted of malicious wounding of T.S. with intent to do her grievous bodily harm.' 'Accused found not guilty of maliciously throwing an explosive substance at T.S. with intent to do her...