R v Douglass (No 1) [2022] NSWSC 1287

R v Douglass (No 1) [2022] NSWSC 1287

The Court found the accused's admissions that she stabbed the deceased to be reliable despite AS being an unreliable witness. The Court was satisfied beyond reasonable doubt that the accused was present with AS at the deceased's house on 7 August 2016, deliberately stabbed the deceased including in the eye and back, intended at least to cause really serious bodily harm, and that her wounds substantially contributed to the deceased's death from blood loss caused by multiple stab and incised wounds. The Crown also proved that the stabbing was not necessary to defend AS. The accused was therefore guilty of murder.

Jurisdiction
Australia
Judgment Date
26 September 2022
Procedural Posture
Criminal Prosecution for Murder / Third Trial by Judge Alone; Verdict Judgment After Plea of Not Guilty
Outcome
The accused is found guilty of murder.
Legal Topics
['murder' 'trial by Judge Alone' 'admissions' 'extended Joint Criminal Enterprise' 'defence of Another' 'dna Evidence' 'expert Evidence']
['criminal Law' 'criminal Procedure' 'evidence'] ['murder' 'trial by Judge Alone' 'admissions' 'extended Joint Criminal Enterprise' 'defence of Another' 'dna Evidence' 'expert Evidence']

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Procedural Posture

Criminal Prosecution for Murder / Third Trial by Judge Alone; Verdict Judgment After Plea of Not Guilty

Legal Issues

  1. 1 ['Whether the Crown proved beyond reasonable doubt that the accused deliberately stabbed the deceased with intent to kill or inflict really serious bodily harm and thereby substantially contributed to his death.' 'Whether the accused was guilty of murder on the alternative basis of extended joint criminal enterprise.' 'Whether there was a reasonable possibility that the accused acted in defence of another, namely AS.' 'Whether admissions made by the accused were reliable or were false admissions made to protect AS.' 'Whether the evidence of AS could safely be relied upon given his admitted lies and criminal involvement.']

Ratio Decidendi

The Court found the accused's admissions that she stabbed the deceased to be reliable despite AS being an unreliable witness. The Court was satisfied beyond reasonable doubt that the accused was present with AS at the deceased's house on 7 August 2016, deliberately stabbed the deceased including in the eye and back, intended at least to cause really serious bodily harm, and that her wounds substantially contributed to the deceased's death from blood loss caused by multiple stab and incised wounds. The Crown also proved that the stabbing was not necessary to defend AS. The accused was therefore guilty of murder.

Court Disposition

The accused is found guilty of murder.

Orders

  • ['In relation to the count of murder in the indictment, the accused is found guilty.']