Plomp v The Queen [1963] HCA 44

Plomp v The Queen [1963] HCA 44

Special leave was refused because, considering the whole of the evidence, it was reasonably open to the jury to be satisfied beyond reasonable doubt that Fay Irene Plomp was drowned through the conscious agency of the applicant. The Court rejected the proposed rule that motive evidence could not be considered until an independently proved physical act or corpus delicti was established, and held that motive and related conduct formed part of the circumstantial case. The evidence was sufficient to support the conviction and did not require appellate intervention under s. 668E.

Jurisdiction
Australia
Procedural Posture
Criminal Application for Special Leave to Appeal / Application for Special Leave to Appeal From Dismissal by the Supreme Court of Queensland, Sitting as a Court of Criminal Appeal, of an Appeal From a Conviction of Wilful Murder
Outcome
Application for special leave refused.
Legal Topics
['wilful Murder' 'circumstantial Evidence' 'motive' 'corpus Delicti' 'criminal Appeals' 'unsafe or Unsupported Verdict']
['criminal Law' 'evidence' 'criminal Procedure'] ['wilful Murder' 'circumstantial Evidence' 'motive' 'corpus Delicti' 'criminal Appeals' 'unsafe or Unsupported Verdict']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Application for Special Leave to Appeal / Application for Special Leave to Appeal From Dismissal by the Supreme Court of Queensland, Sitting as a Court of Criminal Appeal, of an Appeal From a Conviction of Wilful Murder

Legal Issues

  1. 1 ['Whether a conviction based entirely on circumstantial evidence should be set aside if the evidence reasonably admits of an inference other than guilt.' 'Whether proof of motive can be used as evidence tending to prove that the accused committed the criminal act, or only after the corpus delicti has been proved aliunde.' 'Whether the conviction was unreasonable or could not be supported having regard to the evidence under The Criminal Code Q., s. 668E.' "Whether the trial judge's directions concerning circumstantial evidence, motive and proof beyond reasonable doubt disclosed error."]

Ratio Decidendi

Special leave was refused because, considering the whole of the evidence, it was reasonably open to the jury to be satisfied beyond reasonable doubt that Fay Irene Plomp was drowned through the conscious agency of the applicant. The Court rejected the proposed rule that motive evidence could not be considered until an independently proved physical act or corpus delicti was established, and held that motive and related conduct formed part of the circumstantial case. The evidence was sufficient to support the conviction and did not require appellate intervention under s. 668E.

Court Disposition

Application for special leave refused.

Orders

  • ['Application for special leave refused.']