R v Johnson (No 7) [2019] NSWSC 148

R v Johnson (No 7) [2019] NSWSC 148

The accused deliberately initiated the confrontation, drew and used a knife, and stabbed the deceased twice with quick and powerful thrusts. Although the Crown did not prove beyond reasonable doubt an intention to kill, the only rational inference from the accepted evidence, including the CCTV footage and medical evidence about the force and depth of the fatal wound, was that the accused intended to inflict really serious injury. The Crown also excluded self-defence because the deceased and Mr Campbell posed no actual threat requiring defensive stabbing: the deceased was retreating, was holding ordinary items, no weapon was produced, and the accused's response was driven by baseless...

Jurisdiction
Australia
Judgment Date
22 February 2019
Procedural Posture
Criminal Prosecution for Murder / Judge Alone Trial Verdict
Outcome
Accused found guilty of murder; conviction recorded.
Legal Topics
['murder' 'intent to Cause Grievous Bodily Harm' 'self Defence' 'judge Alone Trial' 'circumstantial Proof of Intention' 'cctv Evidence']
['criminal Law'] ['murder' 'intent to Cause Grievous Bodily Harm' 'self Defence' 'judge Alone Trial' 'circumstantial Proof of Intention' 'cctv Evidence']

Case Brief

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Procedural Posture

Criminal Prosecution for Murder / Judge Alone Trial Verdict

Legal Issues

  1. 1 ['Whether the accused, by stabbing David Morrison, caused his death.' 'Whether the accused had the specific intent to kill or to inflict grievous bodily harm, described as really serious bodily injury.' 'Whether the Crown excluded beyond reasonable doubt any reasonable possibility that the accused acted in self-defence.' 'Whether manslaughter arose as an alternative if murder or self-defence was not established.']

Ratio Decidendi

The accused deliberately initiated the confrontation, drew and used a knife, and stabbed the deceased twice with quick and powerful thrusts. Although the Crown did not prove beyond reasonable doubt an intention to kill, the only rational inference from the accepted evidence, including the CCTV footage and medical evidence about the force and depth of the fatal wound, was that the accused intended to inflict really serious injury. The Crown also excluded self-defence because the deceased and Mr Campbell posed no actual threat requiring defensive stabbing: the deceased was retreating, was holding ordinary items, no weapon was produced, and the accused's response was driven by baseless...

Court Disposition

Accused found guilty of murder; conviction recorded.

Orders

  • ['Douglas Johnson found guilty as charged in the indictment of the murder of David Morrison at Campsie on 29 June 2017.' 'Conviction on the murder charge directed to be recorded on the indictment.']