R v Maxwell [1999] NSWSC 1085

R v Maxwell [1999] NSWSC 1085

The Court was satisfied beyond reasonable doubt that the accused deliberately and intentionally killed Marilyn Maxwell. The claim that she grabbed the weapon was rejected, including because three separate trigger applications were required and other evidence was inconsistent with accident. The accused knew the firearm was ready to fire, had prepared by arming himself and lying in wait, and the evidence supported homicidal intention. The accused did not prove on the balance of probabilities that he suffered a relevant abnormality of mind at the time of the killing or that any impairment of mental responsibility was substantial. The partial defence of diminished responsibility therefore...

Jurisdiction
Australia
Judgment Date
05 November 1999
Procedural Posture
Criminal Trial for Murder / Trial Without a Jury After Remittal From the High Court and After an Earlier Murder Conviction Was Set Aside by the Court of Criminal Appeal
Outcome
Guilty of murder
Legal Topics
['murder' 'manslaughter Plea Not Accepted' 'intention to Kill or Cause Grievous Bodily Harm' 'diminished Responsibility' 'trial Without Jury' 'waiver of Rules of Evidence']
['criminal Law' 'criminal Procedure' 'evidence'] ['murder' 'manslaughter Plea Not Accepted' 'intention to Kill or Cause Grievous Bodily Harm' 'diminished Responsibility' 'trial Without Jury' 'waiver of Rules of Evidence']

Case Brief

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Procedural Posture

Criminal Trial for Murder / Trial Without a Jury After Remittal From the High Court and After an Earlier Murder Conviction Was Set Aside by the Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the Crown proved beyond reasonable doubt that an act of the accused caused Marilyn Maxwell's death, was deliberate, and was done with an intention to kill or cause grievous bodily harm." "Whether any credit should be attached to the accused's claim that the deceased grabbed the weapon and caused it to discharge." 'Whether the partial defence of diminished responsibility under s23A of the Crimes Act was established on the balance of probabilities.' "Whether any abnormality of mind impaired the accused's mental responsibility substantially enough to warrant reduction of murder to manslaughter."]

Ratio Decidendi

The Court was satisfied beyond reasonable doubt that the accused deliberately and intentionally killed Marilyn Maxwell. The claim that she grabbed the weapon was rejected, including because three separate trigger applications were required and other evidence was inconsistent with accident. The accused knew the firearm was ready to fire, had prepared by arming himself and lying in wait, and the evidence supported homicidal intention. The accused did not prove on the balance of probabilities that he suffered a relevant abnormality of mind at the time of the killing or that any impairment of mental responsibility was substantial. The partial defence of diminished responsibility therefore...

Court Disposition

Guilty of murder

Orders

  • ['The accused was found guilty of murder as indicted.' 'Verdict and judgment of conviction were entered accordingly.']