Fennell v The QueenCitation:[2019] HCA 37Before:Kiefel CJ, Keane, Nettle, Gordon, Edelman JJDate:06 Nov 2019Case Number:B20/2019Read more

Fennell v The QueenCitation:[2019] HCA 37Before:Kiefel CJ, Keane, Nettle, Gordon, Edelman JJDate:06 Nov 2019Case Number:B20/2019Read more

The court found that the evidence of opportunity and motive was extremely weak, and the identification evidence connecting the accused to the alleged murder weapon was glaringly improbable. Therefore, the verdict was unreasonable and could not be supported having regard to the evidence.

Parties
Appellant: Appellant; Respondent: Crown
Jurisdiction
Australia
Judgment Date
06 November 2019
Procedural Posture
Criminal Appeal / Judgment
Outcome
Appeal allowed; conviction quashed
Legal Topics
Murder, Appeal Against Conviction, Circumstantial Evidence, Unreasonable Verdict
Criminal Law Murder Appeal Against Conviction Circumstantial Evidence Unreasonable Verdict

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Crown

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the verdict was unreasonable or cannot be supported having regard to the evidence
  2. 2 Whether the circumstantial evidence was sufficient to support conviction

Ratio Decidendi

The court found that the evidence of opportunity and motive was extremely weak, and the identification evidence connecting the accused to the alleged murder weapon was glaringly improbable. Therefore, the verdict was unreasonable and could not be supported having regard to the evidence.

Court Disposition

Appeal allowed; conviction quashed

Orders

  • Conviction quashed
  • New trial ordered or acquittal entered