R v Bowie (No 4) [2022] NSWSC 1505

R v Bowie (No 4) [2022] NSWSC 1505

A Shepherd direction will not be given where the facts relied upon to infer intent to kill are strands in a cable and not indispensable intermediate facts; standard directions on proof beyond reasonable doubt suffice, even where certain facts significantly weaken the Crown's case if left unproven.

Jurisdiction
Australia
Judgment Date
04 November 2022
Procedural Posture
Criminal / Pre Closure, Procedural Ruling During Trial
Outcome
Application refused
Legal Topics
['shepherd Direction' 'circumstantial Evidence' 'intent to Kill' 'murder' 'jury Directions']
['criminal Law' 'procedural Law'] ['shepherd Direction' 'circumstantial Evidence' 'intent to Kill' 'murder' 'jury Directions']

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Procedural Posture

Criminal / Pre Closure, Procedural Ruling During Trial

Legal Issues

  1. 1 ['Whether a Shepherd direction should be given in relation to alleged duress in writing letters and motive for murder.' "Determination of what constitutes an 'indispensable intermediate fact' versus 'strand in a cable' in circumstantial cases."]

Ratio Decidendi

A Shepherd direction will not be given where the facts relied upon to infer intent to kill are strands in a cable and not indispensable intermediate facts; standard directions on proof beyond reasonable doubt suffice, even where certain facts significantly weaken the Crown's case if left unproven.

Court Disposition

Application refused

Orders

  • ['I refuse the application to give the jury a Shepherd direction.']