R v El Masri (No 2) [2010] NSWSC 1327

R v El Masri (No 2) [2010] NSWSC 1327

Because no one saw the accused with a knife or other weapon, there was evidence that several people suffered cutting wounds during a violent brawl, there was no basis to exclude multiple cutting instruments, and there was no evidence establishing when or by whom the fatal and wounding injuries were inflicted, a properly directed jury could not rationally infer that the accused committed either offence; any guilty verdict would be speculation.

Jurisdiction
Australia
Judgment Date
19 November 2010
Procedural Posture
Criminal Proceedings on Indictment for Murder and Wounding With Intent to Cause Grievous Bodily Harm / Application by the Accused at the Close of the Crown Case for Directed Verdicts of Acquittal
Outcome
Jury directed to enter verdicts of acquittal; verdicts of acquittal were entered and the accused was released from custody.
Legal Topics
['directed Verdict of Acquittal' 'murder' 'wounding With Intent to Cause Grievous Bodily Harm' 'insufficiency of Evidence' 'inference and Speculation']
['criminal Law'] ['directed Verdict of Acquittal' 'murder' 'wounding With Intent to Cause Grievous Bodily Harm' 'insufficiency of Evidence' 'inference and Speculation']

Case Brief

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Procedural Posture

Criminal Proceedings on Indictment for Murder and Wounding With Intent to Cause Grievous Bodily Harm / Application by the Accused at the Close of the Crown Case for Directed Verdicts of Acquittal

Legal Issues

  1. 1 ['Whether there was evidence upon which a jury, properly directed, could convict the accused of murder.' 'Whether there was evidence upon which a jury, properly directed, could convict the accused of wounding Mahmoud Omar with intent to cause grievous bodily harm.' 'Whether the Crown case permitted a rational inference, rather than speculation, that the accused inflicted the fatal wound or the wounding injury.']

Ratio Decidendi

Because no one saw the accused with a knife or other weapon, there was evidence that several people suffered cutting wounds during a violent brawl, there was no basis to exclude multiple cutting instruments, and there was no evidence establishing when or by whom the fatal and wounding injuries were inflicted, a properly directed jury could not rationally infer that the accused committed either offence; any guilty verdict would be speculation.

Court Disposition

Jury directed to enter verdicts of acquittal; verdicts of acquittal were entered and the accused was released from custody.

Orders

  • ['The jury was directed to enter a verdict of not guilty to the charge of murder.' 'The jury was directed to deliver verdicts of acquittal in respect of the matters on the indictment.']