R v Yavuz (No. 5) [2018] NSWSC 1796

R v Yavuz (No. 5) [2018] NSWSC 1796

There is evidence, both circumstantial and direct, capable of supporting a guilty verdict against the accused for murder, as the fatal wound must have been inflicted by the accused, and the evidence is neither weak nor tenuous; thus, the no case application must be refused.

Jurisdiction
Australia
Judgment Date
22 November 2018
Procedural Posture
Criminal / No Case Application (close of Crown Case)
Outcome
No case application refused
Legal Topics
['murder' 'no Case Application' 'circumstantial Evidence' 'direct Evidence' 'stabbing']
['criminal Law'] ['murder' 'no Case Application' 'circumstantial Evidence' 'direct Evidence' 'stabbing']

Case Brief

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Procedural Posture

Criminal / No Case Application (close of Crown Case)

Legal Issues

  1. 1 ['Whether the evidence is capable of sustaining a guilty verdict for murder against the accused despite absence of direct evidence he inflicted the fatal wound' 'Whether a directed verdict of acquittal should be granted in a partly circumstantial case']

Ratio Decidendi

There is evidence, both circumstantial and direct, capable of supporting a guilty verdict against the accused for murder, as the fatal wound must have been inflicted by the accused, and the evidence is neither weak nor tenuous; thus, the no case application must be refused.

Court Disposition

No case application refused

Orders

  • ['The no case application is refused']