R v Close [2020] NSWSC 1026

R v Close [2020] NSWSC 1026

Although the accused was grossly intoxicated by multiple substances and later genuinely amnesic, the combined circumstantial evidence showed beyond reasonable doubt that his mind was sufficiently engaged before, during and immediately after the killing. The number and location of wounds, the forceful disturbance of the bedside drawer, and his interactions with others shortly after the homicide supported the inference that he intended at least to cause really serious physical injury. Alternative rational hypotheses were rejected to the criminal standard, so the mental element for murder was proved.

Jurisdiction
Australia
Judgment Date
06 August 2020
Procedural Posture
Criminal Prosecution for Murder / Judge Alone Trial Verdict After Plea of Not Guilty to Murder But Guilty of Manslaughter Was Not Accepted by the Crown in Full Satisfaction of the Indictment
Outcome
Verdict of guilty of murder
Legal Topics
['murder' 'manslaughter' 'judge Alone Trial' 'intention to Kill or Inflict Grievous Bodily Harm' 'self Induced Intoxication' 'circumstantial Evidence' 'expert Evidence']
['criminal Law'] ['murder' 'manslaughter' 'judge Alone Trial' 'intention to Kill or Inflict Grievous Bodily Harm' 'self Induced Intoxication' 'circumstantial Evidence' 'expert Evidence']

Case Brief

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Procedural Posture

Criminal Prosecution for Murder / Judge Alone Trial Verdict After Plea of Not Guilty to Murder But Guilty of Manslaughter Was Not Accepted by the Crown in Full Satisfaction of the Indictment

Legal Issues

  1. 1 ['Whether the Crown proved beyond reasonable doubt that the accused voluntarily did an act causing the death of Garry James Welsh with intent to cause at least grievous bodily harm, described as really serious physical injury.' "Whether the accused's self-induced intoxication with alcohol, cannabis, an opioid and a stimulant raised a reasonable doubt about the mental element for murder." 'Whether circumstantial evidence excluded any alternative rational hypothesis inconsistent with murder.']

Ratio Decidendi

Although the accused was grossly intoxicated by multiple substances and later genuinely amnesic, the combined circumstantial evidence showed beyond reasonable doubt that his mind was sufficiently engaged before, during and immediately after the killing. The number and location of wounds, the forceful disturbance of the bedside drawer, and his interactions with others shortly after the homicide supported the inference that he intended at least to cause really serious physical injury. Alternative rational hypotheses were rejected to the criminal standard, so the mental element for murder was proved.

Court Disposition

Verdict of guilty of murder

Orders

  • ['On the indictment averring that on or about 23 February 2018, at Nowra in the State of New South Wales, the accused Luke Jordan Close did murder Garry James Welsh, verdict: guilty of murder.']