R v Keli LANE [No 18] [2010] NSWSC 1545

R v Keli LANE [No 18] [2010] NSWSC 1545

Taking the Crown case at its highest and allowing for inferences favourable to the Crown that were reasonably open on the circumstantial evidence, it would be open to a jury to convict on the murder charge despite the absence of direct evidence that the accused caused Tegan's death or intended to kill. The weakness of some Crown inferences was a matter for the jury under proper directions, not a basis for withdrawing the charge from the jury.

Jurisdiction
Australia
Judgment Date
17 November 2010
Procedural Posture
Criminal Trial; Murder Charge and Three Counts of Perjury / No Case Application Seeking a Directed Verdict of Not Guilty on the Murder Charge
Outcome
No case application refused; the judge declined to direct a verdict of not guilty on the murder charge.
Legal Topics
['no Case Application' 'directed Verdict' 'circumstantial Evidence' 'murder' 'perjury' 'consciousness of Guilt' 'motive Evidence']
['criminal Law' 'criminal Procedure'] ['no Case Application' 'directed Verdict' 'circumstantial Evidence' 'murder' 'perjury' 'consciousness of Guilt' 'motive Evidence']

Case Brief

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Procedural Posture

Criminal Trial; Murder Charge and Three Counts of Perjury / No Case Application Seeking a Directed Verdict of Not Guilty on the Murder Charge

Legal Issues

  1. 1 ['Whether there was evidence capable of supporting a jury verdict of guilty on the murder charge.' "Whether the absence of direct evidence that the accused caused Tegan's death with an intention to kill required a directed verdict of not guilty." 'Whether, in a circumstantial Crown case, the matter should be left to the jury where inferences favourable to the Crown were reasonably open on the evidence.']

Ratio Decidendi

Taking the Crown case at its highest and allowing for inferences favourable to the Crown that were reasonably open on the circumstantial evidence, it would be open to a jury to convict on the murder charge despite the absence of direct evidence that the accused caused Tegan's death or intended to kill. The weakness of some Crown inferences was a matter for the jury under proper directions, not a basis for withdrawing the charge from the jury.

Court Disposition

No case application refused; the judge declined to direct a verdict of not guilty on the murder charge.

Orders

  • ['The application for a directed verdict of not guilty on the murder charge was declined.' 'The murder charge was left to the jury.']