SMITH v R [2013] NSWCCA 64

SMITH v R [2013] NSWCCA 64

The murder conviction was unreasonable because the evidence left a reasonable scenario consistent with the appellant's innocence. There was evidence that the deceased had been punched in the face several times and kicked by another man before reaching the car park, and the medical and blood-spatter evidence did not exclude the reasonable possibility that those earlier blows, combined with intoxication and subsequent falls, caused the subdural haemorrhage and blood patterns. Since the Crown did not exclude that hypothesis beyond reasonable doubt, the jury ought to have had a reasonable doubt as to guilt.

Jurisdiction
Australia
Judgment Date
27 March 2013
Procedural Posture
Criminal Conviction Appeal / Application for Leave to Appeal Against Conviction and Appeal
Outcome
Leave granted to appeal in respect of the first ground of appeal; appeal allowed on the first ground; conviction quashed and verdict of acquittal entered. Leave to appeal on the second ground refused.
Legal Topics
['murder' 'unreasonable Verdict' 'circumstantial Evidence' 'causation' 'jury Directions' 'leave to Appeal']
['criminal Law' 'criminal Procedure' 'evidence'] ['murder' 'unreasonable Verdict' 'circumstantial Evidence' 'causation' 'jury Directions' 'leave to Appeal']

Case Brief

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Procedural Posture

Criminal Conviction Appeal / Application for Leave to Appeal Against Conviction and Appeal

Legal Issues

  1. 1 ['Whether the verdict of guilty for murder was unreasonable or could not be supported having regard to the evidence.' "Whether the Crown excluded a reasonable hypothesis consistent with innocence, namely that the deceased's fatal head injury was caused by blows from another person before the appellant followed him." 'Whether the trial judge erred in directing the jury that the evidence of Ian Cross and John Byrne may be unreliable and should be treated with caution.']

Ratio Decidendi

The murder conviction was unreasonable because the evidence left a reasonable scenario consistent with the appellant's innocence. There was evidence that the deceased had been punched in the face several times and kicked by another man before reaching the car park, and the medical and blood-spatter evidence did not exclude the reasonable possibility that those earlier blows, combined with intoxication and subsequent falls, caused the subdural haemorrhage and blood patterns. Since the Crown did not exclude that hypothesis beyond reasonable doubt, the jury ought to have had a reasonable doubt as to guilt.

Court Disposition

Leave granted to appeal in respect of the first ground of appeal; appeal allowed on the first ground; conviction quashed and verdict of acquittal entered. Leave to appeal on the second ground refused.

Orders

  • ['I grant leave to appeal in respect of the first ground of appeal.' 'The appeal with respect to the first ground of appeal is allowed.' 'The verdict of guilty, entered on 7 July 2011 against the appellant should be quashed and in lieu thereof, there should be entered a verdict of acquittal in favour of the...