R v Davis and Quinn (No 4) [2020] NSWSC 1800

R v Davis and Quinn (No 4) [2020] NSWSC 1800

The evidence, taken at its highest, was not capable of sustaining a conviction of Ms Quinn for murder on the Crown case of extended joint criminal enterprise. There was no evidence capable of establishing that Ms Quinn entered into a joint criminal enterprise with Mr Davis inside 87A Hereford Street to inflict violence on Mr McKee as retribution. The Crown's proposed inference that Mr Davis produced the sword inside the premises and that an agreement was then formed was not the only available inference, and Ms Quinn's ERISP and listening device evidence were inconsistent with such an agreement.

Jurisdiction
Australia
Judgment Date
14 December 2020
Procedural Posture
Criminal Trial for Murder / Application for Directed Verdict of Not Guilty at the Close of the Crown Case Against Ms Quinn
Outcome
The application for a directed verdict was granted and the jury was directed to enter a verdict of not guilty for Ms Quinn on count 1, murder.
Legal Topics
['murder' 'joint Criminal Enterprise' 'extended Joint Criminal Enterprise' 'self Defence' 'excessive Self Defence' 'directed Verdict' 'no Case to Answer' 'circumstantial Evidence']
['criminal Law' 'criminal Procedure'] ['murder' 'joint Criminal Enterprise' 'extended Joint Criminal Enterprise' 'self Defence' 'excessive Self Defence' 'directed Verdict' 'no Case to Answer' 'circumstantial Evidence']

Case Brief

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Procedural Posture

Criminal Trial for Murder / Application for Directed Verdict of Not Guilty at the Close of the Crown Case Against Ms Quinn

Legal Issues

  1. 1 ['Whether the Crown evidence, taken at its highest, could sustain a verdict of guilty for murder against Ms Quinn.' 'Whether there was evidence capable of establishing that Ms Quinn formed a joint criminal enterprise with Mr Davis to inflict some form of injury on the deceased.' 'Whether competing inferences from the evidence could support the Crown case that a joint criminal enterprise was formed inside 87A Hereford Street.']

Ratio Decidendi

The evidence, taken at its highest, was not capable of sustaining a conviction of Ms Quinn for murder on the Crown case of extended joint criminal enterprise. There was no evidence capable of establishing that Ms Quinn entered into a joint criminal enterprise with Mr Davis inside 87A Hereford Street to inflict violence on Mr McKee as retribution. The Crown's proposed inference that Mr Davis produced the sword inside the premises and that an agreement was then formed was not the only available inference, and Ms Quinn's ERISP and listening device evidence were inconsistent with such an agreement.

Court Disposition

The application for a directed verdict was granted and the jury was directed to enter a verdict of not guilty for Ms Quinn on count 1, murder.

Orders

  • ['That the jury be directed to enter a verdict of not guilty against Ms Quinn for count 1 on the indictment (murder).']