Crickitt v R [2018] NSWCCA 240
The conviction was not unreasonable despite absence of direct forensic evidence of death by insulin; it was open to the trial judge on circumstantial evidence to infer the applicant caused death by administering insulin with intent; no judicial warning regarding loss of forensic opportunity was required.
- Jurisdiction
- Australia
- Judgment Date
- 26 October 2018
- Procedural Posture
- Criminal Appeal / Leave to Appeal Against Conviction and Appeal Disposition
- Outcome
- Leave to appeal against conviction granted; appeal dismissed.
- Legal Topics
- ['appeal Against Conviction' 'murder' 'circumstantial Evidence' 'cause of Death' 'forensic Evidence' 'judicial Directions']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Criminal Appeal / Leave to Appeal Against Conviction and Appeal Disposition
Legal Issues
- 1 ['Whether the verdict of guilty of murder was unreasonable or could not be supported by the evidence' 'Whether direct evidence establishing cause of death is necessary to prove that the alleged cause of death in fact caused death' "Whether trial judge erred by not directing himself regarding applicant's loss of forensic opportunity"]
Ratio Decidendi
The conviction was not unreasonable despite absence of direct forensic evidence of death by insulin; it was open to the trial judge on circumstantial evidence to infer the applicant caused death by administering insulin with intent; no judicial warning regarding loss of forensic opportunity was required.
Court Disposition
Leave to appeal against conviction granted; appeal dismissed.
Orders
- ['Leave to appeal against conviction granted' 'Appeal dismissed']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment