R v Wills [2008] NSWSC 932

R v Wills [2008] NSWSC 932

The Crown case, although suspicious, did not prove beyond reasonable doubt that the accused perpetrated the attack. The judge would not act on Mark Skerry's unreliable evidence placing the accused with the deceased in the afternoon of 16 July, the accused's leg injury was supported by evidence that it pre-dated the possible attack, and the accused's explanation for the deceased's blood on his clothing could not be excluded as a reasonable possibility.

Jurisdiction
Australia
Judgment Date
09 September 2008
Procedural Posture
Criminal Trial by Judge Alone for Murder / Retrial; Reasons for Verdict
Outcome
Accused found not guilty.
Legal Topics
['murder' 'circumstantial Evidence' 'burden of Proof' 'trial by Judge Alone' 'retrial']
['criminal Law'] ['murder' 'circumstantial Evidence' 'burden of Proof' 'trial by Judge Alone' 'retrial']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal Trial by Judge Alone for Murder / Retrial; Reasons for Verdict

Legal Issues

  1. 1 ['Whether the Crown proved beyond reasonable doubt that the accused was the perpetrator of the fatal assault on Hans Hoch.' "Whether the circumstances relied on by the Crown, including the deceased's blood on the accused's clothing, supported the inference of guilt beyond reasonable doubt."]

Ratio Decidendi

The Crown case, although suspicious, did not prove beyond reasonable doubt that the accused perpetrated the attack. The judge would not act on Mark Skerry's unreliable evidence placing the accused with the deceased in the afternoon of 16 July, the accused's leg injury was supported by evidence that it pre-dated the possible attack, and the accused's explanation for the deceased's blood on his clothing could not be excluded as a reasonable possibility.

Court Disposition

Accused found not guilty.

Orders

  • ['Verdict: not guilty']