R v BW & SW (No. 1) [2009] NSWSC 529

R v BW & SW (No. 1) [2009] NSWSC 529

Taking the Crown case at its highest, the expert evidence that Ebony was extremely emaciated, incapable of movement, eating or drinking and likely semi-conscious or comatose in her last days, together with the accused parents' duty of care and their omission to provide nourishment or obtain medical attention, was capable of supporting an inference that each accused knew she would probably die if nothing was done, or intended that she die. Direct evidence of that mental state was not required. There was therefore sufficient evidence on which each accused may be convicted of murder.

Jurisdiction
Australia
Judgment Date
03 June 2009
Procedural Posture
Criminal Prosecution for Murder / Applications by Both Accused at the Close of the Crown Case for Directed Verdicts of Not Guilty
Outcome
Applications refused
Legal Topics
['murder' 'procedure' 'directed Verdict of Not Guilty' 'mental Element for Murder' 'omission to Provide Nourishment or Medical Attention' 'parental Duty of Care']
['criminal Law'] ['murder' 'procedure' 'directed Verdict of Not Guilty' 'mental Element for Murder' 'omission to Provide Nourishment or Medical Attention' 'parental Duty of Care']

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Procedural Posture

Criminal Prosecution for Murder / Applications by Both Accused at the Close of the Crown Case for Directed Verdicts of Not Guilty

Legal Issues

  1. 1 ["Whether, taking the Crown case at its highest, there was evidence capable of establishing that each accused intended to cause Ebony's death or realised that she would probably die and persisted in the omission to provide nourishment or obtain medical attention." "Whether direct evidence of the accused's state of mind was required to prove the mental element of murder in a case based on omission."]

Ratio Decidendi

Taking the Crown case at its highest, the expert evidence that Ebony was extremely emaciated, incapable of movement, eating or drinking and likely semi-conscious or comatose in her last days, together with the accused parents' duty of care and their omission to provide nourishment or obtain medical attention, was capable of supporting an inference that each accused knew she would probably die if nothing was done, or intended that she die. Direct evidence of that mental state was not required. There was therefore sufficient evidence on which each accused may be convicted of murder.

Court Disposition

Applications refused

Orders

  • ['The applications for directed verdicts of not guilty on the charge of murder were refused.']