R v Serratore [2001] NSWCCA 123

R v Serratore [2001] NSWCCA 123

Leave to reargue the form-of-indictment issue should be refused because the same issue had been determined in the first appeal and no error or changed circumstance was shown; in any event the single count of murder was not unfair where the Crown alleged alternative modes of liability. The Radwan conversations were admissible as evidence of intention because, despite the five-month interval, they formed part of a continuum in the volatile relationship and were not tendency evidence. On the whole of the evidence, particularly the fibre evidence linking the deceased's boots to the appellant's CRX and the other circumstantial evidence, it was open to the jury to be satisfied beyond reasonable...

Jurisdiction
Australia
Judgment Date
06 April 2001
Procedural Posture
Criminal Appeal Against Conviction for Murder / Appeal to the New South Wales Court of Criminal Appeal Following a Second Trial in the Supreme Court
Outcome
Appeal dismissed and conviction confirmed.
Legal Topics
['murder' 'form of Indictment' 'single Count Alleging Alternative Modes of Liability' 'evidence of Intention' 'tendency Evidence' 'verdict Unreasonable or Unsupported by Evidence' 'miscarriage of Justice' 'expert Evidence' 'fibre Evidence']
['criminal Law' 'criminal Procedure' 'evidence'] ['murder' 'form of Indictment' 'single Count Alleging Alternative Modes of Liability' 'evidence of Intention' 'tendency Evidence' 'verdict Unreasonable or Unsupported by Evidence' 'miscarriage of Justice' 'expert Evidence' 'fibre Evidence']

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Procedural Posture

Criminal Appeal Against Conviction for Murder / Appeal to the New South Wales Court of Criminal Appeal Following a Second Trial in the Supreme Court

Legal Issues

  1. 1 ['Whether it was unfair to indict the appellant on one count of murder while alleging that he murdered the deceased himself, aided and abetted another person, or procured another person to kill her.' 'Whether evidence of conversations in which the appellant asked Bassam Radwan to assist in killing the deceased was admissible as evidence of intention under s72 of the Evidence Act 1995 (NSW).' 'Whether the verdict was unreasonable or unsupported by the evidence, or whether there was a miscarriage of justice under s 6(1) of the Criminal Appeal Act 1912 (NSW).']

Ratio Decidendi

Leave to reargue the form-of-indictment issue should be refused because the same issue had been determined in the first appeal and no error or changed circumstance was shown; in any event the single count of murder was not unfair where the Crown alleged alternative modes of liability. The Radwan conversations were admissible as evidence of intention because, despite the five-month interval, they formed part of a continuum in the volatile relationship and were not tendency evidence. On the whole of the evidence, particularly the fibre evidence linking the deceased's boots to the appellant's CRX and the other circumstantial evidence, it was open to the jury to be satisfied beyond reasonable...

Court Disposition

Appeal dismissed and conviction confirmed.

Orders

  • ['Appeal dismissed']