R v Fuller (No 4) [2024] NSWSC 1420

R v Fuller (No 4) [2024] NSWSC 1420

The accused did not believe that the application of fatal force to Mark Tozer was necessary for self-defence or defence of his mother. The sustained violence inflicted was exclusively motivated by anger, not genuine fear for safety. The required reasonable possibility that the accused believed the force was necessary was not raised. The accused’s lies, aggression, and the context of the confrontation support satisfaction beyond reasonable doubt that the violence was not in self-defence. The accused is guilty of murder.

Parties
Crown: Rex; Accused: Connor Fuller
Jurisdiction
Australia
Judgment Date
12 November 2024
Procedural Posture
Criminal Trial / Judgment After Judge Alone Trial
Outcome
Accused found guilty of murder
Legal Topics
Murder, Manslaughter, Excessive Self Defence, Trial by Judge Alone, Tendency Evidence
Criminal Law Murder Manslaughter Excessive Self Defence Trial by Judge Alone Tendency Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Rex

Crown

Connor Fuller

Accused

Procedural Posture

Criminal Trial / Judgment After Judge Alone Trial

Legal Issues

  1. 1 Whether the accused is guilty of the murder of Mark Tozer
  2. 2 Whether there is a reasonable possibility the accused believed it was necessary to apply the force that caused the death in order to defend himself or his mother
  3. 3 Applicability of excessive self-defence under s 421 Crimes Act 1900 (NSW)

Ratio Decidendi

The accused did not believe that the application of fatal force to Mark Tozer was necessary for self-defence or defence of his mother. The sustained violence inflicted was exclusively motivated by anger, not genuine fear for safety. The required reasonable possibility that the accused believed the force was necessary was not raised. The accused’s lies, aggression, and the context of the confrontation support satisfaction beyond reasonable doubt that the violence was not in self-defence. The accused is guilty of murder.

Court Disposition

Accused found guilty of murder

Orders

  • Accused is convicted of the murder of Mark Tozer