Clarke v R [2016] NSWCCA 88

Clarke v R [2016] NSWCCA 88

It was open to the jury to be satisfied beyond reasonable doubt that the applicant murdered the deceased. The applicant's own first interview supported an inference that he punched with a closed fist as hard as he could and continued until there was no movement, which was strongly suggestive of an intent to disable and to inflict incapacitating, really serious harm. That inference was strengthened by the forensic evidence of four to six severe punches, the applicant's strength and experience in martial arts and boxing, and the deceased's small build. Although the applicant had been intoxicated, the evidence, including his detailed recollections and post-offence conduct, permitted the jury...

Jurisdiction
Australia
Judgment Date
18 May 2016
Procedural Posture
Criminal Conviction Appeal / Application for Leave to Appeal Against Conviction Pursuant to S 5(1) of the Criminal Appeal Act 1912 (nsw)
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['murder' 'intention to Inflict Grievous Bodily Harm' 'unreasonable Verdict or Verdict Not Supported by Evidence' 'intoxication' 'self Defence' 'manslaughter by Unlawful and Dangerous Act']
['criminal Law' 'criminal Appeals'] ['murder' 'intention to Inflict Grievous Bodily Harm' 'unreasonable Verdict or Verdict Not Supported by Evidence' 'intoxication' 'self Defence' 'manslaughter by Unlawful and Dangerous Act']

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Procedural Posture

Criminal Conviction Appeal / Application for Leave to Appeal Against Conviction Pursuant to S 5(1) of the Criminal Appeal Act 1912 (nsw)

Legal Issues

  1. 1 ['Whether the verdict of guilty of murder was unreasonable or could not be supported having regard to the evidence.' 'Whether it was open to the jury to be satisfied beyond reasonable doubt that the applicant punched the deceased with the intention to inflict grievous bodily harm.' "Whether the applicant's intoxication gave rise to a reasonable doubt as to whether he formed the specific intent required for murder."]

Ratio Decidendi

It was open to the jury to be satisfied beyond reasonable doubt that the applicant murdered the deceased. The applicant's own first interview supported an inference that he punched with a closed fist as hard as he could and continued until there was no movement, which was strongly suggestive of an intent to disable and to inflict incapacitating, really serious harm. That inference was strengthened by the forensic evidence of four to six severe punches, the applicant's strength and experience in martial arts and boxing, and the deceased's small build. Although the applicant had been intoxicated, the evidence, including his detailed recollections and post-offence conduct, permitted the jury...

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal be granted.' 'The appeal be dismissed.']