SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Beowulf (No 2) |
Citation: | [2019] ACTSC 82 |
Hearing Date: | 28 March 2019 |
DecisionDate: | 29 March 2019 |
Before: | Murrell CJ |
Decision: | No case application for verdict of not guilty is refused. A non-publication order applies to this judgment until the end of the trial. |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Application for a verdict of not guilty under s 287 of Crimes Act 1900 (ACT) – Where the co-accused are each charged with murder by way of joint commission – Where the prosecution case is entirely circumstantial – Whether there is evidence of agreement between the accused to commit an offence – Whether there is evidence of causation – Whether taken at its highest the evidence is capable of supporting a verdict of guilty |
Legislation Cited: | Crimes Act 1900 (ACT) ss 12, 287 Criminal Code 2002 (ACT) s 45A Juries Act 2000 (Vic) |
Cases Cited: | Attorney-General’s Reference (No 1 of 1983) (1983) 2 VR 10 Barca v The Queen (1975) 133 CLR 82 |
Parties: | The Queen (Crown) Melissa Beowulf (Accused) Thorsten Beowulf (Accused) Bjorn Beowulf (Accused) |
Representation: | Counsel Ms M Jones and Mr T Hickey (Crown) Mr J Sabharwal (Accused Melissa Beowulf) Mr K Archer and Ms J Campbell (Accused Thorsten Beowulf) Ms B Morrisoe (Accused Bjorn Beowulf) |
| Solicitors ACT Director of Public Prosecutions (Crown) Rachel Bird and Co (Accused Melissa Beowulf) Legal Aid ACT (Accused Thorsten Beowulf and Bjorn Beowulf) | |
File Numbers: | SCC 345 of 2017; SCC 346 of 2017; SCC 347 of 2017 |
Murrell CJ
The accused are being tried by a jury for the offence that, on 12 October 2015 at 3 Beagle Street, Red Hill, a residence that was then occupied by the accused and Katherine Panin (the deceased), they murdered the deceased.
Melissa Beowulf is the deceased’s daughter-in-law. Thorsten and Bjorn Beowulf are Melissa’s children and the deceased’s grandchildren.
At the conclusion of the prosecution case, each accused submitted that there was no case to answer.
Pursuant to s 287 of the Crimes Act 1900 (ACT) (Crimes Act):
287Power of judge to record verdict of acquittal
(1)If, on the trial of a person for an offence against this Act or any other territory law, the judge would have power…
Continue reading R v Beowulf (No 2)
Sign in free to access the full text
- AGLC
- R v Beowulf (No 2) [2019] ACTSC 82
- Case
- [2019] ACTSC 82
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether there was any evidence of an agreement between the accused to commit the offence and whether the evidence, when considered at its highest, could support a verdict of guilt. The court examined the prosecution's case, including the circumstantial evidence presented, and considered whether it was reasonable to infer that the accused had committed the offence jointly with the co-accused. The court also assessed the strength of the prosecution's argument that the evidence, even at its highest, was capable of supporting a guilty verdict.
The court found that the prosecution had presented sufficient evidence to establish the elements of the offence. The evidence, when considered at its highest, was capable of supporting a verdict of guilt beyond reasonable doubt. Consequently, the application for a verdict of not guilty was refused. The court also noted that a non-publication order would apply to this judgment until the conclusion of the trial, preventing the dissemination of details that could prejudice the proceedings.
In summary, the court upheld the prosecution's case and determined that there was sufficient evidence to proceed to trial. The accused's application for a verdict of not guilty was dismissed, and the non-publication order remains in effect until the trial concludes.
Orders
Orders of the court
No case application for verdict of not guilty is refused.
A non-publication order applies to this judgment until the end of the trial.
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.