Regina v A S Moffatt [No 3] [1999] NSWSC 233

Regina v A S Moffatt [No 3] [1999] NSWSC 233

The Court was satisfied beyond reasonable doubt that the accused's admissions were not confabulated and were reliable in their essentials; that he struck the deceased with a hammer and manually strangled him; that those acts were a substantial and operating cause of death despite the deceased's intoxication and heart disease; and that the accused intended to inflict grievous bodily harm. The Crown excluded provocation because an ordinary person in the accused's position could not have been induced by the insults to form the relevant intent, and the accused failed to establish that any abnormality of mind substantially impaired his mental responsibility.

Jurisdiction
Australia
Judgment Date
26 March 1999
Procedural Posture
Criminal Prosecution for Murder and Alternative Lesser Offences / Judge Alone Trial Judgment
Outcome
Anthony Stuart Moffatt found guilty of the murder of Richard James Fyfe.
Legal Topics
['murder' 'intoxication' 'provocation' 'diminished Responsibility' 'causation' 'admissions' 'confabulation']
['criminal Law' 'criminal Procedure' 'evidence'] ['murder' 'intoxication' 'provocation' 'diminished Responsibility' 'causation' 'admissions' 'confabulation']

Case Brief

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Procedural Posture

Criminal Prosecution for Murder and Alternative Lesser Offences / Judge Alone Trial Judgment

Legal Issues

  1. 1 ["Whether the accused's admissions were confabulation or otherwise unreliable because of intoxication" "Whether the accused's actions caused the death of Richard James Fyfe" 'Whether the accused had the intent required for murder, including intent to inflict grievous bodily harm' 'Whether the Crown excluded provocation beyond reasonable doubt' 'Whether the accused established diminished responsibility on the balance of probabilities']

Ratio Decidendi

The Court was satisfied beyond reasonable doubt that the accused's admissions were not confabulated and were reliable in their essentials; that he struck the deceased with a hammer and manually strangled him; that those acts were a substantial and operating cause of death despite the deceased's intoxication and heart disease; and that the accused intended to inflict grievous bodily harm. The Crown excluded provocation because an ordinary person in the accused's position could not have been induced by the insults to form the relevant intent, and the accused failed to establish that any abnormality of mind substantially impaired his mental responsibility.

Court Disposition

Anthony Stuart Moffatt found guilty of the murder of Richard James Fyfe.

Orders

  • ['ANTHONY STUART MOFFATT, I find you guilty of the murder of Richard James Fyfe.']