SUPREME COURT OF SOUTH AUSTRALIA
(Court of Criminal Appeal: Criminal)
R v GARDINER
[2013] SASCFC 53
Judgment of The Court of Criminal Appeal
(The Honourable Justice Vanstone, The Honourable Justice Peek and The Honourable Justice Nicholson)
14 June 2013
CRIMINAL LAW - APPEAL AND NEW TRIAL
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER - INTENTION TO KILL OR CAUSE SERIOUS NON-FATAL INJURY
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - INTOXICATION
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - DEFENCE MATTERS - ACCIDENT
CRIMINAL LAW - GENERAL MATTERS - CRIMINAL LIABILITY AND CAPACITY - MENS REA - EVIDENCE - CIRCUMSTANTIAL EVIDENCE
CRIMINAL LAW - PARTICULAR OFFENCES - OFFENCES AGAINST THE PERSON - HOMICIDE - MURDER - EVIDENCE - BURDEN OF PROOF
Application for permission to appeal against conviction of murder after a trial by Judge alone – deceased died during a camping trip with the appellant - prosecution case based on circumstantial evidence of injuries suffered by the deceased - evidence of discreditable conduct of previous assaults by the appellant on the deceased - defence case was that the appellant and the deceased were both intoxicated at the time the injuries were inflicted and the requisite intent for murder was not proven.
Whether the Judge erred in finding it proven beyond reasonable doubt that the appellant had the specific intent for murder - whether the Judge erred in his approach to intoxication and specific intent - whether the Judge erred in finding that the prosecution had excluded all rational hypotheses consistent with innocence - whether the Judge erred in refusing to consider a defence of self-defence - whether the Judge erred in admitting evidence of the appellant's discreditable conduct.
Held (Peek J; Nicholson J agreeing): Appeal allowed - the matter of the appellant's intoxication was directly relevant to whether he in fact had formed the requisite specific intent for murder - the trial Judge erred in approaching the issue of intoxication by reference to incapacity to form that specific intent - this erroneously suggested that the appellant had to be incapable of forming the relevant specific intent and also tended to cast an onus on the defence to establish intoxication sufficient to negative specific intent - the correct approach is whether the prosecution have established beyond reasonable doubt that the appellant in fact possessed the requisite specific intent - there was a spectrum of alternative rational hypotheses consistent with the absence of the required intent to be considered and a finding of guilt could not turn solely on the probability or improbability of any one suggested hypothesis - the Judge was correct in concluding that there was insufficient evidence of self-defence to require or permit a defence of self-defence to be left to the tribunal of fact - the trial Judge did not err in admitting the evidence of discreditable…
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- AGLC
- R v Gardiner [2013] SASCFC 53
- Case
- [2013] SASCFC 53
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether the trial judge erred in finding the appellant possessed the specific intent for murder beyond reasonable doubt, particularly in relation to the defence of intoxication. The court also considered whether the judge erred in his approach to excluding rational hypotheses consistent with innocence, and whether he wrongly refused to consider a defence of self-defence. The admissibility of evidence concerning the appellant's prior discreditable conduct was also challenged.
The Full Court, with Peek and Nicholson JJ agreeing, allowed the appeal. Their Honours held that the trial judge had erred in his approach to intoxication, by focusing on the appellant's *incapacity* to form the specific intent rather than the prosecution's failure to prove the *actual formation* of that intent beyond reasonable doubt. This approach had the effect of suggesting an onus on the defence to establish intoxication. The correct approach, they stated, is to consider whether the prosecution has proven the requisite specific intent, and to assess all rational hypotheses consistent with innocence. While the judge was correct in finding insufficient evidence for self-defence and in admitting evidence of prior conduct, the misdirection on intoxication rendered the conviction unsafe. A retrial for murder was ordered.
Orders
Orders of the court
Held (Peek J; Nicholson J agreeing): Appeal allowed - the matter of the appellant's intoxication was directly relevant to whether he in fact had formed the requisite specific intent for murder - the trial Judge erred in approaching the issue of intoxication by reference to incapacity to form that specific intent - this erroneously suggested that the appellant had to be incapable of forming the relevant specific intent and also tended to cast an onus on the defence to establish intoxication sufficient to negative specific intent - the correct approach is whether the prosecution have established beyond reasonable doubt that the appellant in fact possessed the requisite specific intent - there was a spectrum of alternative rational hypotheses consistent with the absence of the required intent to be considered and a finding of guilt could not turn solely on the probability or improbability of any one suggested hypothesis - the Judge was correct in concluding that there was insufficient evidence of self-defence to require or permit a defence of self-defence to be left to the tribunal of fact - the trial Judge did not err in admitting the evidence of discreditable conduct - retrial for murder ordered.
Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: PEEK J
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