R v Paterson (No 4) [2014] NSWSC 162

R v Paterson (No 4) [2014] NSWSC 162

Although the evidence was capable of establishing that the accused had intercourse with the deceased at the Royal National Park, it was incapable of proving that an act of the accused caused the deceased's death or that the sexual intercourse was without consent. The alleged lies did not satisfy the requirement that they be motivated by a realisation of guilt and fear of the truth. The Crown evidence therefore could not sustain guilty verdicts on murder, manslaughter, aggravated sexual assault, or the statutory alternative to count 2.

Jurisdiction
Australia
Judgment Date
03 March 2014
Procedural Posture
Criminal Trial on Indictment for Murder and Aggravated Sexual Assault / Application for Directed Verdicts of Not Guilty at the Close of the Crown Case
Outcome
Application for directed verdicts of not guilty granted.
Legal Topics
['directed Verdict' 'murder' 'manslaughter' 'aggravated Sexual Assault' 'circumstantial Evidence' 'lies Evidencing Consciousness of Guilt' 'dna Evidence']
['criminal Law' 'evidence'] ['directed Verdict' 'murder' 'manslaughter' 'aggravated Sexual Assault' 'circumstantial Evidence' 'lies Evidencing Consciousness of Guilt' 'dna Evidence']

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Procedural Posture

Criminal Trial on Indictment for Murder and Aggravated Sexual Assault / Application for Directed Verdicts of Not Guilty at the Close of the Crown Case

Legal Issues

  1. 1 ['Whether the Crown evidence, taken at its highest, was capable of placing the accused at the Royal National Park at the relevant time' "Whether the Crown evidence was capable of proving that an act of the accused caused the deceased's death for murder or manslaughter" 'Whether the Crown evidence was capable of proving that sexual intercourse between the accused and the deceased occurred without consent and in company' 'Whether statements made by the accused to police were capable of being used as lies evidencing consciousness of guilt']

Ratio Decidendi

Although the evidence was capable of establishing that the accused had intercourse with the deceased at the Royal National Park, it was incapable of proving that an act of the accused caused the deceased's death or that the sexual intercourse was without consent. The alleged lies did not satisfy the requirement that they be motivated by a realisation of guilt and fear of the truth. The Crown evidence therefore could not sustain guilty verdicts on murder, manslaughter, aggravated sexual assault, or the statutory alternative to count 2.

Court Disposition

Application for directed verdicts of not guilty granted.

Orders

  • ['A verdict of not guilty is directed in respect of the offence of murder in count 1.' 'A verdict of not guilty is directed in respect of the alternative offence of manslaughter.' 'A verdict of not guilty is directed in respect of the offence of aggravated sexual assault in count 2.' 'A verdict of not guilty is...