R v Jones [2014] NSWSC 696

R v Jones [2014] NSWSC 696

There is sufficient evidence, both direct and circumstantial, on which a jury could find that the accused inflicted fatal violence on the deceased with the necessary mental elements for murder or manslaughter. The application for a verdict by direction is therefore refused.

Jurisdiction
Australia
Judgment Date
21 May 2014
Procedural Posture
Criminal / Interlocutory Application for Verdict by Direction During Trial
Outcome
Application for verdict by direction refused
Legal Topics
['verdict by Direction' 'circumstantial Evidence' 'homicide' 'murder' 'manslaughter']
['criminal Law'] ['verdict by Direction' 'circumstantial Evidence' 'homicide' 'murder' 'manslaughter']

Case Brief

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Procedural Posture

Criminal / Interlocutory Application for Verdict by Direction During Trial

Legal Issues

  1. 1 ['Whether there is evidence for essential elements of murder and manslaughter to go to the jury' 'Whether a verdict by direction should be granted where the Crown case is circumstantial']

Ratio Decidendi

There is sufficient evidence, both direct and circumstantial, on which a jury could find that the accused inflicted fatal violence on the deceased with the necessary mental elements for murder or manslaughter. The application for a verdict by direction is therefore refused.

Court Disposition

Application for verdict by direction refused

Orders

  • ['The application for a verdict by direction with regard to both forms of homicide is refused.']