R v Adams (No 6) [2016] NSWSC 1565

R v Adams (No 6) [2016] NSWSC 1565

The accused had a proven tendency of strangling women to overcome resistance to sexual intercourse; on the totality of the circumstantial evidence—including the circumstances of the deceased's disappearance in Adams' company, the forensic finding of her hairs in his car boot, his cleaning behaviour, and the modus operandi established by prior tendency incidents (proven to the criminal standard)—the only rational inference was that Adams killed Mary Wallace by choking or strangling her during an attempt to have intercourse without consent, thereby causing her death during the commission of an indictable offence, and is guilty of murder under the felony murder doctrine.

Parties
Prosecution: Regina; Accused: Robert John Adams
Jurisdiction
Australia
Judgment Date
04 November 2016
Procedural Posture
Criminal / Judgment Following Trial by Judge Alone
Outcome
Verdict of guilty of murder
Legal Topics
Murder, Felony Murder, Tendency Evidence, Circumstantial Evidence, Sexual Offences, Manual Strangulation, DNA Evidence
Criminal Law Murder Felony Murder Tendency Evidence Circumstantial Evidence Sexual Offences Manual Strangulation DNA Evidence

Case Brief

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Parties

Regina

Prosecution

Robert John Adams

Accused

Procedural Posture

Criminal / Judgment Following Trial by Judge Alone

Legal Issues

  1. 1 Whether Robert John Adams murdered Mary Louise Wallace on 24 September 1983
  2. 2 Whether the accused had a tendency to rape and choke women
  3. 3 Whether the act causing death was during the commission of an indictable offence

Ratio Decidendi

The accused had a proven tendency of strangling women to overcome resistance to sexual intercourse; on the totality of the circumstantial evidence—including the circumstances of the deceased's disappearance in Adams' company, the forensic finding of her hairs in his car boot, his cleaning behaviour, and the modus operandi established by prior tendency incidents (proven to the criminal standard)—the only rational inference was that Adams killed Mary Wallace by choking or strangling her during an attempt to have intercourse without consent, thereby causing her death during the commission of an indictable offence, and is guilty of murder under the felony murder doctrine.

Court Disposition

Verdict of guilty of murder

Orders

  • The accused is found guilty of the murder of Mary Louise Wallace.