R v Crickitt [2016] NSWSC 1738

R v Crickitt [2016] NSWSC 1738

The Court was satisfied beyond reasonable doubt that the accused improperly obtained NovoRapid insulin on 31 December 2009 by means of the Kristina Mitchell prescription, administered a quantity of insulin by injection to Christine Crickitt, and that this deliberate act caused her death and was done with intent to cause death. Considering the circumstantial evidence as a whole, including the prescription evidence, deactivation and reactivation of the prescription, internet searches, motive, lies and consciousness of guilt, the Court rejected suicide and positional asphyxiation as reasonable hypotheses and found guilt proved beyond reasonable doubt.

Jurisdiction
Australia
Judgment Date
08 December 2016
Procedural Posture
Criminal Prosecution for Murder / Judge Alone Trial Verdict
Outcome
Accused found guilty of the murder of Christine Crickitt.
Legal Topics
['murder' 'trial by Judge Alone' 'circumstantial Evidence' 'cause of Death' 'insulin Overdose' 'consciousness of Guilt' 'expert Evidence' 'hearsay Evidence']
['criminal Law' 'evidence'] ['murder' 'trial by Judge Alone' 'circumstantial Evidence' 'cause of Death' 'insulin Overdose' 'consciousness of Guilt' 'expert Evidence' 'hearsay Evidence']

Case Brief

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Procedural Posture

Criminal Prosecution for Murder / Judge Alone Trial Verdict

Legal Issues

  1. 1 ['Whether the Crown proved beyond reasonable doubt that the accused deliberately injected Christine Crickitt with insulin and thereby caused her death.' "Whether the Crown proved beyond reasonable doubt that the accused intended to cause Christine Crickitt's death." 'Whether the Crown proved the indispensable fact that the accused improperly obtained a supply of insulin on 31 December 2009 otherwise than in the normal course of his work as a medical practitioner by means of the Kristina Mitchell NovoRapid prescription.' 'Whether the circumstantial evidence excluded any reasonable hypothesis consistent with innocence, including suicide or positional asphyxiation.' "Whether post-offence conduct, lies, internet searches, prescription deactivation and reactivation, and the accused's relationship with Linda Livermore supported consciousness of guilt and motive."]

Ratio Decidendi

The Court was satisfied beyond reasonable doubt that the accused improperly obtained NovoRapid insulin on 31 December 2009 by means of the Kristina Mitchell prescription, administered a quantity of insulin by injection to Christine Crickitt, and that this deliberate act caused her death and was done with intent to cause death. Considering the circumstantial evidence as a whole, including the prescription evidence, deactivation and reactivation of the prescription, internet searches, motive, lies and consciousness of guilt, the Court rejected suicide and positional asphyxiation as reasonable hypotheses and found guilt proved beyond reasonable doubt.

Court Disposition

Accused found guilty of the murder of Christine Crickitt.

Orders

  • ['Accused guilty of the murder of Christine Crickitt.']