R v Meakin [2019] NSWSC 1311

R v Meakin [2019] NSWSC 1311

The Crown case depended on proving beyond reasonable doubt that the collision occurred on the grass verge. Although the collision analysis and palynology evidence together supported a probability that the van was on the grass verge, concessions and deficiencies in that evidence, the absence of tyre marks or gutter contact marks, and a plausible roadway source for pollen and spores left a reasonable possibility that the collision occurred on the road and was not deliberate. The Crown therefore failed to prove murder beyond reasonable doubt.

Jurisdiction
Australia
Judgment Date
30 September 2019
Procedural Posture
Criminal Trial by Judge Alone on Indictment for Murder, With an Alternative Count of Dangerous Driving Occasioning Death in Circumstances of Aggravation / Retrial After Prior Murder Conviction Was Set Aside on Appeal; Verdict on First Count
Outcome
Accused found not guilty of the first count of murder.
Legal Topics
['murder' 'dangerous Driving Occasioning Death' 'trial by Judge Alone' 'circumstantial Evidence' 'expert Evidence' 'collision Reconstruction' 'intoxication']
['criminal Law' 'evidence' 'criminal Procedure'] ['murder' 'dangerous Driving Occasioning Death' 'trial by Judge Alone' 'circumstantial Evidence' 'expert Evidence' 'collision Reconstruction' 'intoxication']

Case Brief

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Procedural Posture

Criminal Trial by Judge Alone on Indictment for Murder, With an Alternative Count of Dangerous Driving Occasioning Death in Circumstances of Aggravation / Retrial After Prior Murder Conviction Was Set Aside on Appeal; Verdict on First Count

Legal Issues

  1. 1 ['Whether the Crown proved beyond reasonable doubt that Mr Meakin deliberately ran over Mr McEvoy intending to kill him or cause him really serious bodily injury.' 'Whether the Crown proved beyond reasonable doubt the essential fact that the collision occurred on the grass verge rather than on the roadway.' 'Whether the circumstantial evidence excluded a reasonable conclusion consistent with innocence.']

Ratio Decidendi

The Crown case depended on proving beyond reasonable doubt that the collision occurred on the grass verge. Although the collision analysis and palynology evidence together supported a probability that the van was on the grass verge, concessions and deficiencies in that evidence, the absence of tyre marks or gutter contact marks, and a plausible roadway source for pollen and spores left a reasonable possibility that the collision occurred on the road and was not deliberate. The Crown therefore failed to prove murder beyond reasonable doubt.

Court Disposition

Accused found not guilty of the first count of murder.

Orders

  • ['The accused, Michael Meakin, is found not guilty of the first count in the indictment.']