BURRELL v REGINA [2009] NSWCCA 193

BURRELL v REGINA [2009] NSWCCA 193

Considering the circumstantial case as a whole, it was open to the jury to be satisfied beyond reasonable doubt that the appellant murdered Mrs Davis: the evidence supported a financial motive, Mrs Davis setting out to visit Ms Bromley at the appellant's address, rejection of alternative explanations including Mrs May, Mr Meagher, an unknown stranger or accident, and rejection of the birthday lunch alibi, together with the appellant's movements to Hillydale. The jury note about motivation and character did not show that the jury relied on adverse publicity; it was properly understood as referring to evidence in the trial, and the trial judge's directions and response were adequate. There...

Jurisdiction
Australia
Judgment Date
31 July 2009
Procedural Posture
Criminal Conviction Appeal / Appeal to the New South Wales Court of Criminal Appeal Against Conviction for Murder; No Application for Leave to Appeal Against Sentence.
Outcome
Appeal dismissed.
Legal Topics
['murder' 'conviction Appeal' 'unreasonable Verdict' 'circumstantial Evidence' 'pre Trial Publicity' 'jury Directions' 'presumption of Innocence' 'miscarriage of Justice']
['criminal Law' 'criminal Procedure' 'evidence'] ['murder' 'conviction Appeal' 'unreasonable Verdict' 'circumstantial Evidence' 'pre Trial Publicity' 'jury Directions' 'presumption of Innocence' 'miscarriage of Justice']

Case Brief

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Procedural Posture

Criminal Conviction Appeal / Appeal to the New South Wales Court of Criminal Appeal Against Conviction for Murder; No Application for Leave to Appeal Against Sentence.

Legal Issues

  1. 1 ['Whether the verdict of guilty of murder was unreasonable or could not be supported having regard to the evidence.' 'Whether, in a circumstantial case, it was open to the jury to be satisfied beyond reasonable doubt that the appellant murdered Dorothy Ellen Davis.' 'Whether the trial miscarried because of the notoriety of the appellant and publicity adverse to his character, including in light of a jury note asking about motivation and character.' "Whether the trial judge should have given a direction specifically dealing with character or the appellant's notoriety after the jury note."]

Ratio Decidendi

Considering the circumstantial case as a whole, it was open to the jury to be satisfied beyond reasonable doubt that the appellant murdered Mrs Davis: the evidence supported a financial motive, Mrs Davis setting out to visit Ms Bromley at the appellant's address, rejection of alternative explanations including Mrs May, Mr Meagher, an unknown stranger or accident, and rejection of the birthday lunch alibi, together with the appellant's movements to Hillydale. The jury note about motivation and character did not show that the jury relied on adverse publicity; it was properly understood as referring to evidence in the trial, and the trial judge's directions and response were adequate. There...

Court Disposition

Appeal dismissed.

Orders

  • ['Appeal dismissed.']