R v Reay [2021] NSWSC 311

R v Reay [2021] NSWSC 311

The accused and Mr Fardell were locked together in cell 234, Mr Fardell died from ligature strangulation, and the death was not suicide. The judge rejected as implausible the accused's account that Mr Fardell attacked him and that he acted in self-defence, including because of the alleged clothesline mechanism, the absence of injuries supporting the alleged attack, the position of the body, and other injuries to Mr Fardell. The Crown proved beyond reasonable doubt that the accused unlawfully caused Mr Fardell's death by strangling him with the intention of killing him or at least causing grievous bodily harm, and there was no case of self-defence to consider.

Jurisdiction
Australia
Judgment Date
31 March 2021
Procedural Posture
Criminal Prosecution for Murder / Judge Alone Trial; Verdict
Outcome
The accused is guilty of murder.
Legal Topics
['murder' 'manslaughter' 'self Defence' 'excessive Self Defence' 'judge Alone Trial' 'tendency Evidence' 'unfairness Discretion']
['criminal Law' 'evidence'] ['murder' 'manslaughter' 'self Defence' 'excessive Self Defence' 'judge Alone Trial' 'tendency Evidence' 'unfairness Discretion']

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Procedural Posture

Criminal Prosecution for Murder / Judge Alone Trial; Verdict

Legal Issues

  1. 1 ['Whether the accused deliberately caused the death of Geoffrey John Fardell by ligature strangulation.' 'Whether the accused intended to kill or inflict grievous bodily harm.' 'Whether the Crown disproved self-defence beyond reasonable doubt.' 'Whether manslaughter by unlawful and dangerous act or excessive self-defence was available on the facts.' "Whether evidence of the accused's conversations with police should be excluded under s 90 of the Evidence Act 1995 (NSW)." 'Whether tendency evidence concerning the accused and the deceased established relevant tendencies.']

Ratio Decidendi

The accused and Mr Fardell were locked together in cell 234, Mr Fardell died from ligature strangulation, and the death was not suicide. The judge rejected as implausible the accused's account that Mr Fardell attacked him and that he acted in self-defence, including because of the alleged clothesline mechanism, the absence of injuries supporting the alleged attack, the position of the body, and other injuries to Mr Fardell. The Crown proved beyond reasonable doubt that the accused unlawfully caused Mr Fardell's death by strangling him with the intention of killing him or at least causing grievous bodily harm, and there was no case of self-defence to consider.

Court Disposition

The accused is guilty of murder.

Orders

  • ['The accused is guilty of murder.']