Medium Neutral Citation: R v Droudis (No. 14) [2016] NSWSC 1550
Hearing dates: 22 August 2016 to 5 October 2016
Date of orders: 03 November 2016
Decision date: 03 November 2016
Jurisdiction: Common Law - Criminal
Before: Johnson J
Decision:
1. The court finds the Accused guilty of murder.
2. The Accused is convicted of murder.

Catchwords: CRIMINAL LAW – murder - Judge-alone trial - Accused charged with murder of former wife of Man Haron Monis in April 2013 - victim attacked in stairwell of apartment block and stabbed 18 times before being set on fire by attacker - Accused in close relationship with Monis at the time of killing - Crown case that Accused murdered victim at behest of Monis - Monis wished to obtain custody of two sons from his marriage to victim - Crown has proved beyond reasonable doubt that Monis planned murder and put it into effect - Monis contrived to give himself watertight alibi - Crown has proved beyond reasonable doubt that killer was a woman - circumstantial case against Accused - Accused relies on alibi - whether Crown has proved beyond reasonable doubt that Accused was killer - evidence of alibi witnesses rejected - unusual relationship between Accused and Monis - Accused displayed tendency to act in different ways to please Monis and espouse his views - Monis and Accused seeking in April 2013 to set up family unit including Monis’ sons and Accused’s daughter - Accused had motive, means and opportunity to murder victim - eye witness to killing described person of similar appearance and size as Accused - female killer wearing a hijab at time of attack - hypothesis excluded that murder was paid killing by bikie gang - hypotheses excluded that murder carried out by another female associate of Monis - found that only rational inference was that Accused committed murder - finding beyond reasonable doubt that Accused committed murder - verdict of guilty of murder
Legislation Cited: Children (Criminal Proceedings) Act 1987
Court Suppression and Non-publication Orders Act 2010
Crimes (Domestic and Personal Violence) Act 2007
Crimes (Forensic Procedures) Act 2000
Criminal Procedure Act 1986
Evidence Act 1995
Criminal Code 1995 (Cth)
Cases Cited: Alexander v The Queen [1981] HCA 17; 145 CLR 395
Bulejcik v The Queen [1996] HCA 50; 185 CLR 375
El Hassan v R [2007] NSWCCA 148
Festa v The Queen [2001] HCA 72; 208 CLR 593
Filippou v The Queen [2015] HCA 29; 256 CLR 47
Lane v R [2013] NSWCCA 317; 241 A Crim R 321
R v Droudis (No. 3) [2016] NSWSC 1553
R v Droudis (No. 4) [2016] NSWSC 1150
R v Droudis (No. 5) [2016] NSWSC 1211
R v Droudis (No. 6) [2016] NSWSC 1263
R v Droudis (No. 7) [2016] NSWSC 1274
R v Droudis (No. 11) [2016] NSWSC 1319
R v Droudis (No. 12) [2016] NSWSC 1330
R v Droudis (No. 13) [2016] NSWSC 1350
R v…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Droudis (No 14)

Details

AGLC: R v Droudis (No 14) [2016] NSWSC 1550
Case: [2016] NSWSC 1550
Decision Date: 03 November 2016

CaseChat Overview and Summary

The case of R v Droudis (No 14) involved a trial where the accused was charged with the murder of his former wife, who was the ex-wife of Man Haron Monis. The victim was attacked in a stairwell of an apartment block, stabbed 18 times, and set on fire by the attacker. The Crown alleged that the accused had committed the murder at the behest of Monis, who wanted to obtain custody of their two sons. The accused claimed an alibi and denied any involvement in the murder.

The primary legal issues before the court were whether the Crown had proven beyond reasonable doubt that the accused was the murderer, and if the evidence supported the hypothesis that the accused committed the murder. The court needed to consider the Crown's case that Monis had planned and executed the murder, the circumstantial evidence against the accused, and the rejected alibi evidence. The court also had to evaluate the accused's relationship with Monis, the motive, means, and opportunity of the accused, and the descriptions provided by an eyewitness.

The court concluded that the Crown had proven beyond reasonable doubt that the accused committed the murder. The court found that the only rational inference was that the accused was the killer. The court rejected the alibi and other hypotheses presented by the defence. The unusual relationship between the accused and Monis, the accused's tendency to act in different ways to please Monis, and the motive to establish a family unit all contributed to the court's decision. The court found the accused guilty of murder based on the evidence presented.

The court found the accused guilty of the murder of his former wife. The court rejected the alibi and other hypotheses presented by the defence. The verdict was based on the evidence presented, including the motive, means, opportunity, and eyewitness descriptions. The court found that the accused had committed the murder, and the verdict was one of guilty.

Orders