R v Perish; R v Lawton; R v Perish [2011] NSWSC 1135

R v Perish; R v Lawton; R v Perish [2011] NSWSC 1135

Taking the Crown's circumstantial case at its highest and viewing the evidence in combination, there was ample evidence from which the jury could conclude that Andrew Perish had a motive to participate in a conspiracy to kill Terrence Falconer, took steps aimed at ensuring the killing would be carried into effect, was a participant in one conspiracy from its outset, and admitted participation in a recorded conversation. The evidence was capable of satisfying a properly instructed jury beyond reasonable doubt, so a directed verdict of not guilty was not available.

Jurisdiction
Australia
Judgment Date
25 August 2011
Procedural Posture
Criminal Prosecution for Conspiracy to Murder / Interlocutory Application for a Directed Verdict of Not Guilty on the Basis of No Prima Facie Case
Outcome
Application denied
Legal Topics
['directed Verdict of Not Guilty' 'no Prima Facie Case' 'circumstantial Evidence' 'conspiracy to Murder']
['criminal Law' 'evidence'] ['directed Verdict of Not Guilty' 'no Prima Facie Case' 'circumstantial Evidence' 'conspiracy to Murder']

Case Brief

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Procedural Posture

Criminal Prosecution for Conspiracy to Murder / Interlocutory Application for a Directed Verdict of Not Guilty on the Basis of No Prima Facie Case

Legal Issues

  1. 1 ['Whether the evidence, taken at its highest, was capable of sustaining a guilty verdict against Andrew Perish for conspiracy to murder Terrence Falconer.' 'Whether the Crown case disclosed one conspiracy in which Andrew Perish participated, or two conspiracies with Andrew Perish not participating in the later conspiracy.']

Ratio Decidendi

Taking the Crown's circumstantial case at its highest and viewing the evidence in combination, there was ample evidence from which the jury could conclude that Andrew Perish had a motive to participate in a conspiracy to kill Terrence Falconer, took steps aimed at ensuring the killing would be carried into effect, was a participant in one conspiracy from its outset, and admitted participation in a recorded conversation. The evidence was capable of satisfying a properly instructed jury beyond reasonable doubt, so a directed verdict of not guilty was not available.

Court Disposition

Application denied

Orders

  • ['Application denied']