114/1991
List "A"
COURT: SUPREME COURT OF TASMANIA (COURT OF CRIMINAL APPEAL)
CITATION: Jeffrey v R [1991] TASSC 114; [1991] Tas R 336; A114/1991
PARTIES: JEFFREY, Aaron Leigh
v
R
FILE NO/S: CCA 26/1991
DELIVERED ON: 23 December 1991
DELIVERED AT: Hobart
JUDGMENT OF: Cox, Wright and Crawford JJ
Judgment Number: A114/1991
Number of paragraphs: 54
Serial No 114/1991
List "A"
File No CCA 26/1991
AARON LEIGH JEFFREY v THE QUEEN
REASONS FOR JUDGMENT COURT OF CRIMINAL APPEAL
COX J
WRIGHT J
CRAWFORD J
23 December 1991
Order of the Court
Appeal dismissed.
Serial No 114/1991
List "A"
File No CCA 26/1991
AARON LEIGH JEFFREY v THE QUEEN
REASONS FOR JUDGMENT COURT OF CRIMINAL APPEAL
COX J
23 December 1991
The appellant was found guilty of the murder of his father. On Saturday 11 November 1989 the latter's body had been found in the garden of his home in a remote locality on the way to Bakers Beach and approximately 9 km. off the Frankford Highway. This locality, known as Marana Drive, has approximately thirteen houses built on it, some of them occupied as permanent homes and others merely as sea–side holiday cottages. On the medical evidence, death had occurred no later than the afternoon of Thursday 9 November and no earlier than 6 November. The deceased was last seen alive on the afternoon of Wednesday 8 November, and other evidence pointed strongly to the death having occurred in the late afternoon or early evening of that day. It was common ground at the trial that the appellant had visited his father's house twice on that day, the second visit being at about 6.00pm, although he denied seeing him on that occasion. It was expressly conceded on the hearing of the appeal that the jury could properly have been satisfied beyond reasonable doubt that the deceased received the injuries which killed him at or about this time and that the appellant had the opportunity to have inflicted them.
The main injuries sustained by the deceased were 36 individual fractures of the rib cage, which had in consequence collapsed causing suffocation. The pathologist's opinion was that they had been caused by a "fairly severe blunt injury to the chest, blunt meaning not with a sharp object but something fairly blunt and a broad base ... it could have been a leg, shoe, fist, forearms, anything with a nice flat surface". There were signs of a scuffle in the vegetable patch where the body was found.
The deceased lived on his own and evidence called from other residents and frequenters of the Bakers Beach Road was to the effect that no strangers other than the appellant had been observed in the area that day. The appellant had been living at Melrose in a caravan park and had last seen his father about two months before. On Wednesday 8 November he had hitch–hiked to Bakers Beach and received a lift to the door of his father's house. He had virtually no money and…
Continue reading Jeffrey v The Queen
Sign in free to access the full text
- AGLC
- Jeffrey v The Queen [1991] TASSC 114
- Case
- [1991] TASSC 114
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.