R v Etheridge

In R v Etheridge, the appellant appealed against his conviction and sentence for attempted murder. The appellant had attacked the complainant with a hammer, striking her head multiple times, and subsequently demanded her wallet and keys. The jury found the appellant guilty of attempted murder, a verdict he contested on appeal. The central legal issues in the case revolved around whether the jury's verdict was unreasonable given the evidence and whether the admission of certain evidence led to a miscarriage of justice. The court further examined whether the sentence imposed was manifestly excessive or inadequate.

The court found that the jury's verdict was supported by the evidence, as the appellant's actions, including the use of a hammer and the subsequent demands, demonstrated an intention to cause serious harm. The court also determined that the admission of the appellant's earlier testimony, which was used as a joint admission, did not lead to a miscarriage of justice. The primary judge provided adequate directions to the jury regarding the time elapsed between the attack and the photograph of the complainant, along with expert evidence on the profuse bleeding that would have occurred in that interval. Therefore, the court dismissed the appeal against the conviction. Regarding the sentence, the court found that the 15-year imprisonment term for the attempted murder was excessive. The court considered the totality principle and the cumulative effect of the sentences for the attempted murder and the earlier offence of dangerous driving causing death. The court substituted a sentence of 13 years’ imprisonment for the offence of attempted murder, ensuring a more proportionate sentence that appropriately reflected the totality of the appellant's criminality.

The court's final orders were to dismiss the appeal against conviction, grant leave to appeal against the sentence, allow the appeal against sentence, substitute a sentence of 13 years’ imprisonment for the 15-year sentence, and maintain the orders made on 19 November 2020.