R v Murrell [2001] NSWCCA 179

R v Murrell [2001] NSWCCA 179

Admission of the tape and transcript into evidence constituted a miscarriage of justice; fresh expert evidence demonstrated that the words attributed to the appellant were less inculpatory than previously contended and a properly instructed jury would have to entertain a reasonable doubt about guilt of murder. The conviction and sentence for murder must be quashed and a new trial ordered, without entering a general acquittal, leaving the Director of Public Prosecutions to present counts supported by the evidence.

Jurisdiction
Australia
Judgment Date
04 June 2001
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal allowed; conviction and sentence quashed; new trial ordered
Legal Topics
['appeal Against Conviction' 'murder' 'joint Criminal Enterprise' 'manslaughter' 'admissibility of Evidence' 'miscarriage of Justice' 'discretion to Order New Trial']
['criminal Law'] ['appeal Against Conviction' 'murder' 'joint Criminal Enterprise' 'manslaughter' 'admissibility of Evidence' 'miscarriage of Justice' 'discretion to Order New Trial']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 ['Whether admission of tape and transcript into evidence constituted miscarriage of justice' 'Whether new trial should be ordered' 'Whether verdict of acquittal should be entered for charge of murder or generally' 'Whether new trial should be confined to charge of manslaughter']

Ratio Decidendi

Admission of the tape and transcript into evidence constituted a miscarriage of justice; fresh expert evidence demonstrated that the words attributed to the appellant were less inculpatory than previously contended and a properly instructed jury would have to entertain a reasonable doubt about guilt of murder. The conviction and sentence for murder must be quashed and a new trial ordered, without entering a general acquittal, leaving the Director of Public Prosecutions to present counts supported by the evidence.

Court Disposition

Appeal allowed; conviction and sentence quashed; new trial ordered

Orders

  • ['Appeal allowed' 'Conviction and sentence quashed' 'New trial ordered']