R v May [2016] NSWSC 820

R v May [2016] NSWSC 820

The Court was satisfied beyond reasonable doubt that the accused deliberately and unlawfully attacked Judith Townsend with a brick, causing her death. Although he was significantly intoxicated by methylamphetamine and cannabis, his conduct before, during and after the attack was purposeful: he followed his aunt, deliberately picked up a brick, struck repeated forceful blows aimed at her head, persisted despite intervention, discarded the brick after the attack, and then sought shelter from police. The intoxication did not preclude formation of intent, and the Crown proved beyond reasonable doubt that he intended at least to cause grievous bodily harm, or to kill.

Jurisdiction
Australia
Judgment Date
20 June 2016
Procedural Posture
Criminal Law Murder / Trial by Judge Alone; Verdict
Outcome
Accused found guilty of the murder of Judith Townsend.
Legal Topics
['murder' 'trial by Judge Alone' 'self Induced Intoxication' 'mental Element' 'intention to Kill or Cause Grievous Bodily Harm']
['criminal Law'] ['murder' 'trial by Judge Alone' 'self Induced Intoxication' 'mental Element' 'intention to Kill or Cause Grievous Bodily Harm']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Law Murder / Trial by Judge Alone; Verdict

Legal Issues

  1. 1 ['Whether the accused did a deliberate and unlawful act that caused the death of Judith Townsend.' 'Whether, despite intoxication by drugs, the Crown proved beyond reasonable doubt that the accused intended to kill Judith Townsend or cause her grievous bodily harm.']

Ratio Decidendi

The Court was satisfied beyond reasonable doubt that the accused deliberately and unlawfully attacked Judith Townsend with a brick, causing her death. Although he was significantly intoxicated by methylamphetamine and cannabis, his conduct before, during and after the attack was purposeful: he followed his aunt, deliberately picked up a brick, struck repeated forceful blows aimed at her head, persisted despite intervention, discarded the brick after the attack, and then sought shelter from police. The intoxication did not preclude formation of intent, and the Crown proved beyond reasonable doubt that he intended at least to cause grievous bodily harm, or to kill.

Court Disposition

Accused found guilty of the murder of Judith Townsend.

Orders

  • ['On the charge that, on 11 April 2014 at Redfern in the State of New South Wales, Jamie May murdered Judith Townsend, the Court found him guilty.']