R v Jason Hans Speelman [2016] NSWDC 322

R v Jason Hans Speelman [2016] NSWDC 322

The Court found beyond reasonable doubt that Speelman was the shooter after considering Ison's immediate recognition evidence together with corroborating circumstances including Speelman's jealousy and distress about Michelle Speelman and Robert Fitzgerald, his presence at Graham Street earlier in a white top, his statement that he would be back, his mother's gold Nissan being seen and later abandoned, his post-shooting telephone statement that he had done something bad and had not got "your precious builder", and the consistency of independent witnesses with the shooting sequence. The shot to Ison's head established an intent to kill. For count 2, the Court found that police were acting...

Jurisdiction
Australia
Judgment Date
11 August 2016
Procedural Posture
Criminal / Judge Alone Trial Verdict
Outcome
Guilty verdicts entered on count 1 and count 2; accused convicted.
Legal Topics
['attempt Murder' 'use Offensive Weapon With Intent to Avoid Apprehension' 'judge Alone Trial' 'identification and Recognition Evidence' 'circumstantial Evidence' 'witness Credibility' 'intoxication' 'lawful Apprehension']
['criminal Law' 'evidence' 'criminal Procedure'] ['attempt Murder' 'use Offensive Weapon With Intent to Avoid Apprehension' 'judge Alone Trial' 'identification and Recognition Evidence' 'circumstantial Evidence' 'witness Credibility' 'intoxication' 'lawful Apprehension']

Case Brief

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Procedural Posture

Criminal / Judge Alone Trial Verdict

Legal Issues

  1. 1 ["Whether the prosecution proved beyond reasonable doubt that Jason Hans Speelman fired the bullet that went through Joseph Ison's head." 'Whether the prosecution proved beyond reasonable doubt that Jason Hans Speelman shot at Joseph Ison with intent to murder him.' 'Whether the prosecution proved beyond reasonable doubt that Jason Hans Speelman used a knife with intent to prevent his lawful apprehension.' "Whether intoxication affected the accused's capacity to form the specific intent required for the offences."]

Ratio Decidendi

The Court found beyond reasonable doubt that Speelman was the shooter after considering Ison's immediate recognition evidence together with corroborating circumstances including Speelman's jealousy and distress about Michelle Speelman and Robert Fitzgerald, his presence at Graham Street earlier in a white top, his statement that he would be back, his mother's gold Nissan being seen and later abandoned, his post-shooting telephone statement that he had done something bad and had not got "your precious builder", and the consistency of independent witnesses with the shooting sequence. The shot to Ison's head established an intent to kill. For count 2, the Court found that police were acting...

Court Disposition

Guilty verdicts entered on count 1 and count 2; accused convicted.

Orders

  • ['Guilty verdict – Count 1: attempt murder.' 'Guilty verdict – Count 2: use offensive weapon with intent to avoid apprehension.' 'The accused is convicted in accordance with those findings.']