Biles v R [2019] NSWCCA 52

Biles v R [2019] NSWCCA 52

The evidence was compelling that the appellant conducted a sustained assault on the deceased, striking her multiple times with intent to cause grievous bodily harm, and that his conduct was a substantial and operating cause of death. It was open to the jury to reject the appellant's evidence that he struck only three times and to accept the Crown pathologists' evidence. The trial judge's written and oral directions required the jury to find multiple blows, causation and intent before convicting of murder, and the omitted direction concerning the admitted blows addressed a hypothesis not raised at trial and did not cause a miscarriage of justice or loss of a real chance of acquittal.

Jurisdiction
Australia
Judgment Date
18 March 2019
Procedural Posture
Criminal Appeal Against Conviction for Murder / Application for Leave to Appeal Against Conviction
Outcome
Leave to appeal granted; appeal against conviction dismissed.
Legal Topics
['murder' 'unreasonable Verdict' 'circumstantial Evidence' 'causation' 'intent to Kill or Cause Grievous Bodily Harm' 'jury Directions' 'miscarriage of Justice' 'rule 4' 'tendency Evidence']
['criminal Law' 'criminal Appeals' 'evidence'] ['murder' 'unreasonable Verdict' 'circumstantial Evidence' 'causation' 'intent to Kill or Cause Grievous Bodily Harm' 'jury Directions' 'miscarriage of Justice' 'rule 4' 'tendency Evidence']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the murder verdict was unreasonable because a reasonable hypothesis consistent with innocence of murder was available on the evidence.' "Whether a miscarriage of justice was occasioned by the trial judge's failure to direct the jury to identify which act or acts of the appellant caused death and whether the appellant had the requisite intent at that time." "Whether a miscarriage of justice was occasioned by the trial judge's failure to direct the jury that if the admitted blows constituted the traumatic aspect of the cause of death the appellant was entitled to an acquittal for murder." 'Whether leave should be granted under r 4 of the Criminal Appeal Rules where no objection was taken at trial to the alleged omissions in the directions.']

Ratio Decidendi

The evidence was compelling that the appellant conducted a sustained assault on the deceased, striking her multiple times with intent to cause grievous bodily harm, and that his conduct was a substantial and operating cause of death. It was open to the jury to reject the appellant's evidence that he struck only three times and to accept the Crown pathologists' evidence. The trial judge's written and oral directions required the jury to find multiple blows, causation and intent before convicting of murder, and the omitted direction concerning the admitted blows addressed a hypothesis not raised at trial and did not cause a miscarriage of justice or loss of a real chance of acquittal.

Court Disposition

Leave to appeal granted; appeal against conviction dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal against conviction dismissed.']