Burrell v R

Case [2009] NSWCCA 193


New South Wales
Court of Criminal Appeal

CITATION: BURRELL v REGINA [2009] NSWCCA 193
HEARING DATE(S): 25 May 2009
 
JUDGMENT DATE: 

31 July 2009
JUDGMENT OF: Giles JA at 1; Howie J at 154; Buddin J at 155
DECISION: Appeal dismissed.
CATCHWORDS: Criminal law - murder - conviction appeal - whether verdict unreasonable or could not be supported having regard to the evidence - circumstantial case - necessity to consider combination and totality of circumstances - significance of jury bringing to bear their common experience of human affairs and common sense - open to jury to be satisfied of guilt beyond reasonable doubt - whether trial miscarried because of pre-trial publicity bringing adverse notoriety - note from jury enquiring about evidence of motivation and character - did not indicate jury was influenced by the publicity - nor was the publicity such that there was a miscarriage of justice - appeal dismissed.
CATEGORY: Principal judgment
CASES CITED: Black v The Queen (1993) 179 CLR 44;
BJR v R [2008] NSWCCA 43;
Chahine v R [2006] NSWCCA 179;
Gilbert v The Queen [2000] HCA 15; (2000) 201 CLR 414;
Halmi v R [2008] NSWCCA 259;
John Fairfax Publications Pty Ltd v District Court of New South Wales [2004] NSWCA 324; [2004] 61 NSWLR 344;
Plomp v The Queen (1963) 110 CLR 234;
The Queen v Glennon [1992] HCA 16; (1992) 173 CLR 592;
R v Burrell [2004] NSWCCA 185;
R v Crowther-Wilkinson [2004] NSWCCA 249;
R v Dudco [2002] NSWCCA 336; (2002) 132 A Crim R 371;
R v Forbes [2005] NSWCCA 377; (2005) 160 A Crim R 1;
R v Hillier [2007] HCA 13; (2007) 228 CLR 618;
R v Jamal [2008] NSWCCA 177; (2008) 72 NSWLR 258;
R v Kaddour [2005] NSWCCA 303; (2005) 156 A Crim R 11;
R v Kaldor [2004] NSWCCA 425; (2004) A Crim R 271;
R v Keenan [2009] HCA 1; (2009) 83 ALJR 243;
R v Micallef [2002] NSWCCA 480;
R v Tripodina & Morabito (1988) 35 A Crim R 183;
Shepherd v The Queen (1990) 170 CLR 573;
Skaf v R [2008] NSWCCA 303;
Zaphir v R [2009] NSWCCA 124.
PARTIES: Bruce Allan Burrell - Appellant
The Crown - Respondent
FILE NUMBER(S): CCA 2002/2401
COUNSEL: M Ierace SC - Appellant
D Arnott SC - Respondent
SOLICITORS: Greg Murray - Appellant
S Kavanagh, Solicitor for Public Prosecutions - Crown
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): SC 2002/92
LOWER COURT JUDICIAL OFFICER: Kirby J
LOWER COURT DATE OF DECISION: 8 February 2008 (sentence)





                          CCA 2002/2401
                          SC 2002/92

                          GILES JA
                          HOWIE J
                          BUDDIN J

                          Friday 31 July 2009
Bruce BURRELL v REGINA
Judgment

: The appellant was indicted on the charge that -

          “On or about 30th May 1995 at a place unknown, in the State of New South Wales, [he] did murder Dorothy Ellen…

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AGLC
Burrell v R [2009] NSWCCA 193
Case
[2009] NSWCCA 193
Decision Date

CaseChat Overview and Summary

The appellant, Burrell, appealed against his conviction for murder, arguing that the verdict was unreasonable or could not be supported by the evidence. The case was heard in the High Court of Australia. The core of the appeal revolved around the sufficiency of the evidence presented against Burrell, which was largely circumstantial, and whether the jury's verdict was affected by pre-trial publicity.

The legal issues before the court included whether the evidence was sufficient to support a conviction, and whether the pre-trial publicity had influenced the jury's decision, potentially leading to a miscarriage of justice. The court examined the principles of circumstantial evidence and the role of the jury in weighing such evidence. It also considered the impact of pre-trial publicity on the trial process.

In its reasoning, the court emphasised that it is open to a jury to be satisfied of guilt beyond reasonable doubt based on a combination and totality of circumstantial evidence. The court noted that the jury was capable of applying their common experience of human affairs and common sense. The note from the jury asking about evidence of motivation and character did not indicate that the jury was influenced by the publicity, nor did the publicity itself result in a miscarriage of justice. The appeal was dismissed as the court found no basis to interfere with the jury's verdict.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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