SUPREME COURT OF SOUTH AUSTRALIA
(Criminal)
R v CAVUOTO (No 2)
Criminal Trial by Judge Alone
[2025] SASC 98
Reasons for the Verdicts of the Honourable Justice Kimber
17 June 2025
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - ACTS INTENDED TO CAUSE OR CAUSING DANGER TO LIFE OR BODILY HARM OR SERIOUS INJURY
CRIMINAL LAW - EVIDENCE - CORROBORATION AND POST-OFFENCE CONDUCT - PARTICULAR CATEGORIES OF EVIDENCE - ADMISSIONS AND CONDUCT OF ACCUSED - LIES, DENIALS ETC
CRIMINAL LAW - EVIDENCE - CORROBORATION AND POST-OFFENCE CONDUCT - PARTICULAR CATEGORIES OF EVIDENCE - ADMISSIONS AND CONDUCT OF ACCUSED - OTHER CASES
CRIMINAL LAW - EVIDENCE - CONFESSIONS AND ADMISSIONS - MISCELLANEOUS MATTERS
CRIMINAL LAW - EVIDENCE - UNSWORN STATEMENTS BY ACCUSED - WEIGHT
The defendant is charged with one count of Murder (Count 1) and two counts of Aggravated Creating Likelihood of Serious Harm (Counts 2 and 3). The act the subject of each offence is the same, namely the alleged throwing of petrol at the deceased intending to cause a fire and intending to cause grievous bodily harm to the deceased (the alleged act). Having been set alight, the deceased passed away from severe burns to about eighty per cent of his body. At the time of the fire which caused the death of the deceased, the alleged victims in Counts 2 and 3 were in a room immediately adjacent to the defendant and the deceased.
Among the evidence, on the prosecution case, is the defendant being seen by the alleged victim of Count 2, but not by the alleged victim of Count 3, to commit the alleged act and the defendant later admitting to a different prosecution witness that he had set the deceased on fire.
The defendant gave evidence at trial. He denied committing the alleged act and denied making the alleged admission. The evidence of the defendant included that at the time of the fire that caused the death of the deceased, the petrol was in the possession of the deceased who was threatening to use it to harm the defendant and that the evidence of the prosecution witness about the alleged admission was a lie or, in the alternative, unreliable.
Verdicts
1.The defendant is guilty of Murder (Count 1).
2.The defendant is not guilty of Aggravated Creating Likelihood of Serious Harm (Counts 2 and 3).
3.The defendant is not guilty of the alternative offence to Counts 2 and 3 respectively.
Criminal Law Consolidation Act 1935 (SA) ss 11, 21, 29; Evidence Act 1929 (SA) ss 28, 34P, referred to.
Bale v Mills (2011) 81 NSWLR 498; Barnes (a pseudonym) v The King [2025] SASCA 53; Bristow v The Queen (2020) 137 SASR 449; Browne v Dunn (1893) 6 R 67; De Marchi v The King [2024] SASCA 49; Ducaj v The Queen (2019) 135 SASR 127; Edwards v The Queen (1993) 178 CLR…
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- AGLC
- R v Cavuoto (No 2) [2025] SASC 98
- Case
- [2025] SASC 98
- Decision Date
CaseChat Overview and Summary
The court examined whether the accused intended to cause grievous bodily harm when throwing the petrol. It was acknowledged that the accused had a history of disagreements with the deceased and had made threats in the past, but the court found these past incidents to be irrelevant to the present case. The court also considered the possibility that the accused was under the influence of methylamphetamine at the time of the incident, but ultimately deemed this factor neutral in proving the necessary intent. The court found that the circumstances of the incident and the context in which it occurred were more relevant in determining the accused's intent.
The court concluded that the evidence of the accused's post-incident conduct, including a lie to a third party and subsequent evasive behaviour, did not substantiate the necessary mens rea for the offence. The court emphasized that while such conduct might be indicative of guilt in some cases, it was not relevant in this instance to prove the requisite intent or state of mind. The court found beyond reasonable doubt that the accused threw petrol at the deceased intending to cause a fire and with the intention that the fire harm the deceased.
The court ordered the accused be found guilty of the charges as per the indictment. The specific sentencing and further details regarding the penalties were not included in the extract.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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