R v Byrnes [2019] NSWSC 615

R v Byrnes [2019] NSWSC 615

The Crown case could not be left to the jury because, taking the evidence at its highest, there was no evidence from which a jury could find more than a mere possibility that any completed positive act of assistance by Mr Byrnes occurred when he knew the essential facts of murder or manslaughter, including the death of the deceased. The failure to respond to police was not a positive act, the statement that the DVR did not record was accurate, the wallet conduct was only an attempt, and although deletion of phone records and replacement of the hard drive could amount to assistance, the Crown could not prove the required knowledge at the time of those acts.

Jurisdiction
Australia
Judgment Date
06 November 2018
Procedural Posture
Criminal Prosecution for Accessory After the Fact to Murder / Application by the Accused for a Directed Verdict After the Close of the Crown Case
Outcome
Application for a directed verdict granted on the accessory after the fact to murder charge and the statutory alternative of accessory after the fact to manslaughter.
Legal Topics
['directed Verdict' 'accessory After the Fact to Murder' 'accessory After the Fact to Manslaughter' 'circumstantial Evidence' 'actus Reus and Mens Rea of Accessorial Liability']
['crime' 'criminal Procedure'] ['directed Verdict' 'accessory After the Fact to Murder' 'accessory After the Fact to Manslaughter' 'circumstantial Evidence' 'actus Reus and Mens Rea of Accessorial Liability']

Case Brief

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Procedural Posture

Criminal Prosecution for Accessory After the Fact to Murder / Application by the Accused for a Directed Verdict After the Close of the Crown Case

Legal Issues

  1. 1 ['Whether there was evidence upon which a jury, properly directed, could convict Mr Byrnes of accessory after the fact to murder or the statutory alternative of accessory after the fact to manslaughter.' 'Whether the alleged acts of failing to respond to police, saying the DVR did not record, replacing the DVR hard disc drive, deleting phone messages, and attempting to obtain a wallet amounted to positive acts of assistance to Mr Rossi-Murray.' 'Whether any alleged act of assistance occurred at a time when Mr Byrnes knew the essential facts of the offence, including the death of Matthew Shepherd and facts amounting to murder or manslaughter.']

Ratio Decidendi

The Crown case could not be left to the jury because, taking the evidence at its highest, there was no evidence from which a jury could find more than a mere possibility that any completed positive act of assistance by Mr Byrnes occurred when he knew the essential facts of murder or manslaughter, including the death of the deceased. The failure to respond to police was not a positive act, the statement that the DVR did not record was accurate, the wallet conduct was only an attempt, and although deletion of phone records and replacement of the hard drive could amount to assistance, the Crown could not prove the required knowledge at the time of those acts.

Court Disposition

Application for a directed verdict granted on the accessory after the fact to murder charge and the statutory alternative of accessory after the fact to manslaughter.

Orders

  • ['The application to direct a verdict in relation to the accessory to murder charge against Mr Byrnes is granted.' 'The application to direct a verdict in relation to the statutory alternative of accessory to manslaughter is granted.']