R v WYMARRA [2008] NSWDC 190

R v WYMARRA [2008] NSWDC 190

While it is very probable the accused made the statement deliberately to mislead police and protect his son, the Crown did not exclude the rational inference that the accused believed the blood found on his son's leg and sock could have been his own. Therefore, intent was not proved beyond reasonable doubt.

Jurisdiction
Australia
Judgment Date
01 January 2008
Procedural Posture
Criminal Trial / Judgment After Judge Alone Trial
Outcome
not guilty
Legal Topics
['hindering Investigation' 'intent' 'evidence' 'crimes Act 1900 S 315']
['criminal Law'] ['hindering Investigation' 'intent' 'evidence' 'crimes Act 1900 S 315']

Case Brief

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Procedural Posture

Criminal Trial / Judgment After Judge Alone Trial

Legal Issues

  1. 1 ["Whether the accused intended to hinder the investigation of a serious indictable offence by falsely stating blood on his son's clothing was his own."]

Ratio Decidendi

While it is very probable the accused made the statement deliberately to mislead police and protect his son, the Crown did not exclude the rational inference that the accused believed the blood found on his son's leg and sock could have been his own. Therefore, intent was not proved beyond reasonable doubt.

Court Disposition

not guilty

Orders

  • []