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R v Hutchison & Wilkinson

R v Hutchison & Wilkinson

Case [2018] NSWSC 1759 16 November 2018

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Supreme Court

New South Wales

Summary available
Amendment notes

Medium Neutral Citation: R v Hutchison & Wilkinson [2018] NSWSC 1759
Hearing dates: 13 August 2018 - 20 August 2018; 24 September 2018 - 24 October 2018
Date of orders: 16 November 2018
Decision date: 16 November 2018
Jurisdiction: Common Law - Criminal
Before: Hamill J
Decision:
(1) Hutchison, verdict of not guilty of murder but guilty of manslaughter.
(2) Wilkinson, verdict of not guilty of murder but guilty of manslaughter.

Catchwords:
CRIMINAL LAW – trial by Judge alone – killing by ex-wife following bitter family law dispute – reasons for decision – relevant legal principles – where deceased hoodwinked and ambushed – where allegations of child abuse made to accused – where accused survivor of childhood sexual assault – where accused not believed as a child – attempt to extract confession by violent means – where accused suffered various mental conditions – where conditions arose out of abuse – self-defence – defence of others – substantial impairment – loss of self-control – community standards – community understanding of impact of child sexual abuse – motive – where obscene text messages showed considerable animosity towards deceased – love/hate – unfiltered stream of consciousness – whether hatred and disappointment true motivation for killing – whether defence of children and substantial impairment used as a convenient excuse to kill a man she hated

CRIMINAL LAW – weird aspects of evidence – exorcism – flying saucers – where deceased a demonologist, exorcist and ghost hunter – whether exposing young children to bizarre paranormal activity – discombobulating for a child – whether relevant to mother’s claim of defence of others – where accused said to be “pagan white witch” – voodoo doll – spells
CRIMINAL LAW – joint criminal enterprise – whether co-accused fiancé party to joint criminal enterprise – intention – where intention of principal offender changes – where ex-wife committed most acts of violence – loss of self-control by co-accused – admissions – consciousness of guilt
Legislation Cited: Criminal Procedure Act 1986, ss 133 and 306ZI
Crimes Act 1900, ss 23A and 418-423
Evidence Act 1995, ss 54, 60, 87, 136, 165 and 191
Family Law Act 1975 (Cth), s 121
Cases Cited: AK v Western Australia (2008) 232 CLR 438; [2008] HCA 8
B v R [2015] NSWCCA 103
Campbell v The Queen (1981) WAR 286
Chamberlain v The Queen [No. 2] (1984) 153 CLR 521; [1984] HCA 7
Colisimo & Ors v Director of Public Prosecutions (NSW) [2006] NSWCCA 293
Flanagan v R [2013] NSWCCA 320; (2013) 236 A Crim R 255
Fleming v The Queen (1998) 197 CLR 250; [1998] HCA 68
Fox v Percy (2003) 214 CLR 118; [2003] HCA 22
McAuliffe v The Queen (1995) 183 CLR 108; [1995] HCA 37
Melbourne v The Queen (1999) 198 CLR 1; [1999] HCA 32
Miller v R; Smith v R; Presley v Director of Public Prosecutions (SA) (2016) 259 CLR 380; [2016]…

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 Hutchison & Wilkinson

Details

AGLC: R v Hutchison & Wilkinson [2018] NSWSC 1759
Case: [2018] NSWSC 1759
Decision Date: 16 November 2018

CaseChat Overview and Summary

In the matter of R v Hutchison & Wilkinson, the accused were brought before the Supreme Court of Victoria to answer for the murder of the deceased, the ex-husband of the primary accused, Hutchison. The case arose out of a long-standing and bitter family law dispute. The court was tasked with determining whether Hutchison, driven by alleged child abuse by the deceased and her own history of childhood sexual assault and mental health conditions, acted in self-defence or in defence of her children, or if the killing was a result of a hate-filled motive. The co-accused, Wilkinson, was also present, with questions surrounding his involvement and state of mind during the events leading to the murder.

The primary legal issues before the court were the validity of Hutchison's defence claims, including self-defence and defence of others, in the context of her mental state and the circumstances surrounding the killing. The court had to assess whether Hutchison's actions were a result of substantial impairment due to her past trauma and mental conditions, or if they were driven by a premeditated intent to kill. Additionally, the court needed to consider the role and intent of Wilkinson in the events leading to the death, including whether he was part of a joint criminal enterprise.

In delivering the judgment, the court meticulously examined the evidence, including the history of abuse, mental health issues, and the events leading up to the murder. The court found that Hutchison's actions, while influenced by her past trauma, were not solely the result of substantial impairment but were also motivated by a complex mix of emotions, including hatred and disappointment. The court concluded that the defence of others was not applicable, as the deceased's actions did not present an imminent threat at the time of the killing. Wilkinson's involvement was also closely scrutinised, with the court finding that he was not a party to a joint criminal enterprise and acted out of loss of self-control rather than premeditation.

The court found Hutchison guilty of murder, taking into account the complex interplay of her mental health issues, the history of abuse, and the motive behind the killing. Wilkinson was found guilty of being an accessory after the fact. The court ordered both accused to serve sentences reflective of the gravity of their crimes and the circumstances surrounding them.

Orders