R v Gittany (No 4) [2013] NSWSC 1737

R v Gittany (No 4) [2013] NSWSC 1737

The Court was satisfied beyond reasonable doubt that Lisa Harnum was trying to leave the accused, that he stopped her by serious aggression, remained in a state of rage, carried her to the balcony and unloaded her over the edge, causing her death. The Court rejected the accused's account that she climbed over the balustrade herself, accepted the reliability of the key eyewitness evidence, and held that provocation did not reduce murder because Lisa Harnum's conduct could not have induced an ordinary person in the accused's position to lose self-control so far as to form an intent to kill or inflict grievous bodily harm.

Jurisdiction
Australia
Judgment Date
27 November 2013
Procedural Posture
Criminal Prosecution for Murder / Trial by Judge Alone; Verdict and Reasons
Outcome
Accused found guilty of the murder of Lisa Cecilia Harnum.
Legal Topics
['murder' 'judge Alone Trial' 'provocation' 'relationship Evidence' 'hearsay Evidence' 'eyewitness Evidence' 'forensic Evidence']
['criminal Law' 'evidence'] ['murder' 'judge Alone Trial' 'provocation' 'relationship Evidence' 'hearsay Evidence' 'eyewitness Evidence' 'forensic Evidence']

Case Brief

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Procedural Posture

Criminal Prosecution for Murder / Trial by Judge Alone; Verdict and Reasons

Legal Issues

  1. 1 ["Whether Lisa Cecilia Harnum's death was caused by a deliberate act of the accused." 'Whether the accused deliberately lifted or unloaded Lisa Cecilia Harnum over the balcony balustrade, or whether she climbed over it herself and slipped or fell.' 'Whether, if the physical act was proved, the act was done with intent to kill or inflict grievous bodily harm, or with recklessness.' 'Whether the partial defence of provocation under s 23 of the Crimes Act 1900 applied.' 'Whether the eyewitness, relationship, forensic and expert evidence established guilt beyond reasonable doubt.']

Ratio Decidendi

The Court was satisfied beyond reasonable doubt that Lisa Harnum was trying to leave the accused, that he stopped her by serious aggression, remained in a state of rage, carried her to the balcony and unloaded her over the edge, causing her death. The Court rejected the accused's account that she climbed over the balustrade herself, accepted the reliability of the key eyewitness evidence, and held that provocation did not reduce murder because Lisa Harnum's conduct could not have induced an ordinary person in the accused's position to lose self-control so far as to form an intent to kill or inflict grievous bodily harm.

Court Disposition

Accused found guilty of the murder of Lisa Cecilia Harnum.

Orders

  • ['Accused found guilty of the murder of Lisa Cecilia Harnum.']