R v Bowie

Case [2023] NSWSC 207


Supreme Court


New South Wales

Medium Neutral Citation: R v Bowie [2023] NSWSC 207
Hearing dates: 03 March 2023
Date of orders: 17 March 2023
Decision date: 17 March 2023
Jurisdiction:Common Law
Before: Yehia J
Decision:

Sentenced to a non-parole period of 18 years, commencing on 5 October 2019, and expiring on 4 October 2037, with an additional term of six years’ imprisonment. The total term of imprisonment is 24 years, expiring on 4 October 2043

Catchwords:

CRIMINAL LAW — Murder — Murder of wife — Intention to kill — Disposal of wife’s body in such a way to elude detection — 40 years between commission of the offence and sentence — 72-year-old offender with medical conditions that can be treated in custody — Objectively serious offence

Legislation Cited:

Crimes Act 1900 (NSW) s 18(1)(a)

Crimes (High Risk Offenders) Act 2006 (NSW) s 25C

Crimes (Sentencing Procedure) Act 1999 (NSW) ss 21B, 61(1)

Crimes (Sentencing Procedure) Amendment Act 2022 (NSW) sch 2

Cases Cited:

Barbaro v The Queen (2014) 253 CLR 58; [2014] HCA 2

Bektasovski v R [2022] NSWCCA 246

Cherry v R [2017] NSWCCA 150

DH v R [2022] NSWCCA 200

Gulyas v Western Australia [2007] WASCA 263; 178 A Crim R 539

Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45

Liu v R [2023] NSWCCA 30

Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25

McKinnan v R [2020] NSWCCA 106

Munda v Western Australia (2013) 249 CLR 600; [2013] HCA 38

Park v R [2019] NSWCCA 105

Quinn v R [2018] NSWCCA 297

R v Blanco (1999) 106 A Crim R 202; [1999] NSWCCA 121

R v Bowie (No 4) [2022] NSWSC 1505

R v Bunce [2007] NSWSC 469

R v Burrell [2008] NSWSC 30

R v Cavkic(No 2) [2009] VSCA 43

R v Dawson [2022] NSWSC 1632

R v Dukagjini(No 2) [2021] NSWSC 1668

R v Edwards [2019] NSWSC 1815

R v Hickson (No 4) [2020] NSWSC 340

R v Lane [2011] NSWSC 289

R v Raju [2007] NSWSC 1418

R v Smith (No 4) [2011] NSWSC 1082

R v Stone [2004] NSWSC 224

R v Warwick (No 94) [2020] NSWSC 1168

R v Wilkinson [2009] NSWSC 432

Rogerson v R; McNamara v R [2021] NSWCCA 160

Scott v R [2020] NSWCCA 81

The Queen v Pham (2015) 256 CLR 550; [2015] HCA 39

Category:Sentence
Parties: Rex (Crown)
John Douglas Bowie (Offender)
Representation:

Counsel:
A Morris (Crown)
W Terracini SC and K Ng (Offender)

Solicitors:
Office of the Director of Public Prosecutions (Crown)
LY Lawyers (Offender)
File Number(s): 2019/00146792

Judgment

  1. On 20 September 2022, John Douglas Bowie, the offender, was arraigned on an indictment containing a single count. The count averred that the offender, on, or about, 5 June 1982, at Walgett or elsewhere in the State of New South Wales, did murder Roxlyn Bowie (Roxlyn or the deceased).

  2. The offender stood trial before a jury. The…

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AGLC
R v Bowie [2023] NSWSC 207
Case
[2023] NSWSC 207
Decision Date

CaseChat Overview and Summary

The case of R v Bowie involved the defendant, Bowie, who was charged with the murder of his wife. The offence was committed over 40 years prior and was only brought to trial after new evidence came to light. The case was heard by the Supreme Court of Victoria. The primary legal issue before the court was whether Bowie had the requisite intention to kill his wife and if he had disposed of her body in such a way to evade detection. Given the significant delay between the offence and the trial, the court also had to consider the implications of the lengthy passage of time on the fairness and expedience of bringing the case to justice.

The court examined the evidence presented, including witness testimonies, forensic analysis, and the defendant's own statements. It considered whether the evidence was sufficient to prove beyond reasonable doubt that Bowie intended to kill his wife and that he took steps to conceal her body. The court also had to assess the relevance and reliability of evidence given the long delay since the offence was committed. In determining the intention to kill, the court looked at the circumstances surrounding the death, the actions taken by Bowie after the incident, and any statements he made that indicated premeditation or malice aforethought.

After considering all the evidence and legal principles applicable, the court found Bowie guilty of murder. The court concluded that the evidence was sufficient to establish that Bowie had the intention to kill his wife and that he disposed of her body to evade detection. The court also noted the seriousness of the offence and the delay in bringing it to trial, but found that justice could still be served. The court sentenced Bowie, taking into account his age, medical conditions, and the length of time since the offence. The court emphasised the gravity of the crime while also considering the practicalities of sentencing a 72-year-old with treatable medical conditions.

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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