R v CLOTHIER
[2001] SASC 9Court of Criminal Appeal: Mullighan, Williams and Bleby JJ
MULLIGHAN J The appellant was found guilty of murder by verdict of the jury and appeals against that conviction.
The incident out of which the charge arose occurred about 4.00 am on 1st April 2000 on the banks of the River Murray at Swan Reach when the appellant stabbed Shane Mervyn Mueller five times causing his death.
In view of the issues raised on this appeal, it is necessary to set out the background to, and circumstances of, the killing in some detail.
The previous night the appellant, who was aged 20 years at the time, and a man called Paul Williams went to the Swan Reach Hotel at about 10.30 to 11.00 pm and remained there drinking and playing pool until about 1.00 am.
Mr Mueller, who was aged 27 years, lived at Punyelroo near Swan Reach with his mother and sister. During that evening, he was at home with them. He was drinking beer and smoking marijuana. He went to the hotel at the same time as the appellant. He met the appellant and Mr Williams at the ferry. Before going to the hotel and after crossing the river on the ferry, the appellant drove his motor vehicle along a dirt track on the river bank underneath the hotel which is situated on a cliff near the road from the ferry. He and Mr Williams left the vehicle at the place where they later made a camp site and then went to the hotel on foot arriving at about the same time as Mr Mueller.
The three men were drinking beer together at the hotel and playing pool in a room near the front bar. Ms Poole was working in the bar until about midnight. There were other people in the hotel that night, including Daniel Hein. There had been an eight-ball competition. Mr Mueller introduced himself to Mr Hein. According to Ms Poole, none of the men was affected by alcohol. Damien Wilksch arrived at the hotel later in a four wheel drive Toyota utility. Mr Stapleton was also working at the hotel that night. He saw Mr Hein and Mr Mueller and two other men who were the appellant and probably Mr Williams from time to time until he closed the hotel at about 1.00 am.
Mr Stapleton did not regard any of the men at the hotel as being significantly affected by liquor, although he told the jury that all of them had consumed too much to drive a motor vehicle. After the hotel closed, Mr Mueller, Mr Hein, Mr Wilksch and others remained in the car park of the hotel for a time.
A number of men who were at the hotel gave evidence at the trial. All of them told the jury that there was no trouble at the hotel that night and the mood among the customers was normal. All of them said that the mood…
Continue reading R v Clothier
Sign in free to access the full text
- AGLC
- R v Clothier [2002] SASC 9
- Case
- [2002] SASC 9
- 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
Established by: MULLIGHAN J, BLEBY J
Full text does not contain this section.