R v So (No 4) [2023] NSWSC 1292

R v So (No 4) [2023] NSWSC 1292

The Crown did not establish beyond reasonable doubt that the accused killed Robert Dickie. The presence of blood in the main bedroom could not be linked to a violent event at the relevant time to the exclusion of reasonable alternatives, including an earlier incident. There was a reasonable possibility that the accused's account was true or that other persons were involved in Mr Dickie's disappearance and presumed death. Therefore, a reasonable doubt remained and the accused was found not guilty.

Jurisdiction
Australia
Judgment Date
10 November 2023
Procedural Posture
Criminal / Judge Alone Trial, Principal Judgment, Final Verdict
Outcome
Not guilty verdict—accused acquitted of murder
Legal Topics
['murder' 'circumstantial Evidence' 'standard of Proof' 'judge Alone Trial' 'hearsay Evidence' 'tendency Evidence']
['criminal Law'] ['murder' 'circumstantial Evidence' 'standard of Proof' 'judge Alone Trial' 'hearsay Evidence' 'tendency Evidence']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal / Judge Alone Trial, Principal Judgment, Final Verdict

Legal Issues

  1. 1 ['Whether the evidence establishes beyond reasonable doubt that the accused murdered Robert Dickie between 14 and 15 June 2016 at Elong Elong' "Whether the circumstantial evidence excludes any reasonable possibility that the accused's exculpatory account is true" 'Whether there is a reasonable possibility that other persons were involved in the disappearance and death of Robert Dickie']

Ratio Decidendi

The Crown did not establish beyond reasonable doubt that the accused killed Robert Dickie. The presence of blood in the main bedroom could not be linked to a violent event at the relevant time to the exclusion of reasonable alternatives, including an earlier incident. There was a reasonable possibility that the accused's account was true or that other persons were involved in Mr Dickie's disappearance and presumed death. Therefore, a reasonable doubt remained and the accused was found not guilty.

Court Disposition

Not guilty verdict—accused acquitted of murder

Orders

  • ['Accused found not guilty' 'Publication restriction on witness identities continues under Court Suppression and Non-Publication Orders Act 2010 (NSW), ss 7, 8(1)(e)']