Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Bowie (No 1) [2022] NSWSC 1502 Hearing dates: 26 September 2022 Date of orders: 26 September 2022 Decision date: 04 November 2022 Jurisdiction: Common Law Before: Yehia J Decision: The evidence of Sergeant Lauren Atwood is inadmissible
Catchwords: EVIDENCE — Murder trial — Missing body — Opinion evidence about the capacity of pigs to devour a human cadaver without leaving a trace —Relevance of the evidence where the experiment conducted involved porcine and kangaroo carcasses — Whether an area of specialised knowledge exists — Whether the opinion is based upon specialised knowledge — Whether the reliability of the opinion is relevant to the determination of admissibility of expert evidence
Legislation Cited: Crimes Act 1900 (NSW) s 18
Evidence Act 1995 (NSW) ss 55, 79(1) and 137
Evidence Act 2008 (Vic) s 79(1)
Cases Cited: Dasreef Pty Ltd v Hawchar (2011) 243 CLR 588; [2011] HCA 21
HG (1999) 197 CLR 414; [1999] HCA 2
Honeysett v The Queen (2014) 253 CLR 122; [2014] HCA 29
IMM v The Queen (2016) 257 CLR 300; [2016] HCA 14
Morgan v The Queen [2011] NSWCCA 257; (2011) 215 A Crim R 33
Murphy v The Queen (1989) 167 CLR 94; [1989] HCA 28
R v Tang (2006) 65 NSWLR 681; [2006] NSWCCA 167
Tuite v The Queen (2015) 49 VR 196; [2015] VSCA 148
Xie v The Queen (2021) 386 ALR 371; [2021] NSWCCA 1
Texts Cited: Andrew Ligertwood and Gary Edmond, Australian Evidence: A Principled Approach to the Common Law and the Uniform Evidence Acts (5th ed, 2010, LexisNexis Butterworths)
Evidence (Interim) [1985] ALRC 26 (21 August 1985)
Gary Edmond, “The Admissibility of Forensic Science and Medicine Evidence under the Unform Evidence Law” (2014) 38 Criminal Law Journal 136
Gary Edmond and Mehra San Roque, “Honeysett v The Queen: Forensic Science, ‘Specialised Knowledge’ and the Uniform Evidence Law” (2014) 36 Sydney Law Review 323
Prudence Buckland, “Honeysett v The Queen (2014) 311 ALR 320: Opinion Evidence and Reliability, A Sticking Point” (2014) 35 Adelaide Law Review 449
Category: Procedural rulings Parties: Rex (Crown)
John Douglas Bowie (Accused0Representation: Counsel:
Solicitors:
A Morris (Crown)
W Terracini SC (Accused)
Department of Public Prosecution (Crown)
LY Lawyers (Accused)
File Number(s): 2019/00146792
Judgment
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Roxlyn Bowie (“Roxlyn”) disappeared on 5 June 1982. At the time, Roxlyn lived at 93 Euroka Street, Walgett, with her husband, John Bowie (“the accused”), and their two children, a daughter aged six years old and a son who was nearly two years old. She has not been seen or heard from since.
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On 5 October 2019, the accused was arrested and charged with the murder of Roxlyn. The accused pleaded not guilty to the one count of murder on the indictment, an offence contrary to s 18…
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- AGLC
- R v Bowie (No 1) [2022] NSWSC 1502
- Case
- [2022] NSWSC 1502
- Decision Date
CaseChat Overview and Summary
The legal issues the court had to address were primarily focused on the admissibility of the expert evidence. This included whether the evidence pertained to a field of specialised knowledge, whether the opinion was based on such knowledge, and whether the reliability of the opinion was pertinent to its admissibility. The court also considered whether the experiment conducted with porcine and kangaroo carcasses was relevant to the capacity of pigs to consume a human body.
The court found that the expert evidence was relevant to the issues in the trial, as it pertained to a field of specialised knowledge. However, the court concluded that the opinion was not based on this specialised knowledge because the experiment involved different types of carcasses. The court held that the reliability of the opinion was a relevant consideration in determining the admissibility of the expert evidence. As a result, the opinion was deemed inadmissible due to its lack of reliability and relevance.
The court's final orders were not explicitly stated in the text, but it was implied that the inadmissibility of the expert evidence would impact the trial's proceedings, potentially affecting the outcome of the case against Bowie.
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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