CITATION: R v Knight [2005] NSWCCA 241
HEARING DATE(S): 06/07/2005
JUDGMENT DATE:
14 July 2005JUDGMENT OF: Grove J at 1; Howie J at 2; Rothman J at 84
DECISION: The appeal against conviction is dismissed. Leave to appeal against sentence is granted but the appeal is dismissed.
CATCHWORDS: Criminal Law - Summing up - failure to give direction on absence of motive in circumstantial case - Evidence - failure to give warning under s165 of Evidence Act on the basis that witness may be bias - Sentencing - gaol murder - sentence not excessive.
LEGISLATION CITED: Evidence Act 1995 - ss 137, 165(1)(a)
CASES CITED: R v Fowler [2003] NSWCCA 321
R v El-Azzi [2004] NSWCCA 455
Plomp v The Queen (1963) 110 CLR 234
De Gruchy v The Queen (2002) 211 CLR 85
R v Fernando (1992) 76 A Crim R 58
R v Newman and Simpson (2004) 145 A Crim R 361PARTIES: Regina v Mark Dempsey Knight
FILE NUMBER(S): CCA 2005/287
COUNSEL: D. Arnott - Crown
D.A. Wetmore - AppellantSOLICITORS: S. Kavanagh - Crown
Craddock Murray Neumann - Appellant
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): 70021/03
LOWER COURT JUDICIAL OFFICER: Barr J
2005/287
THURSDAY 14 JULY 2005GROVE J
HOWIE J
ROTHMAN J
1 GROVE J: I agree with Howie J.
2 HOWIE J: After a trial by jury conducted before Barr J (the Judge), the appellant was convicted of murder. As a consequence of the conviction the Judge sentenced the appellant to imprisonment for 22 years with a non-parole period of 16½ years. The appellant appeals against his conviction and seeks leave to appeal against the sentence imposed upon him.
3 The appellant relied initially upon a number of grounds of appeal concerned with the manner in which the trial was conducted, admissibility of evidence, and the summing up. However counsel, who appeared on the appeal, withdrew all grounds of appeal except those arising from the evidence of a Crown witness named Rose. Although ground 8 asserted that the verdict was against the weight of the evidence, it was no longer asserted that the verdict was unreasonable or against the evidence but that rather that it was unsafe having regard to the admission of Rose’s evidence.
4 The case presented by the Crown was of a circumstantial nature. It relied principally upon forensic evidence and, in particular, DNA evidence to identify the appellant as one of the persons involved in the attack upon the deceased that resulted in his death. By that evidence the Crown sought to show that the appellant’s exculpatory version of events surrounding the killing of the deceased could not possibly be true.
A gaol murder
5 On 27 March 2000 at about 3.20pm a prisoner, Craig Dally, was found dead in his cell at the Bathurst Correctional Centre. He occupied cell number 58 in B4 wing. He had suffered 33 wounds to his body apparently inflicted by a knife or…
Continue reading R v Knight
Sign in free to access the full text
- AGLC
- R v Knight [2005] NSWCCA 241
- Case
- [2005] NSWCCA 241
- Decision Date
CaseChat Overview and Summary
The court found that the trial judge did not err in not directing the jury on the absence of motive, as such a direction is not necessary in all cases, particularly where the evidence points overwhelmingly to the guilt of the accused. The court also held that the trial judge was not required to give a warning under section 165 of the Evidence Act, as there was no evidence of bias on the part of the witness in question. Finally, the court determined that the sentence was not excessive, taking into account the heinous nature of the crime and the appellant's criminal history.
The appeal was dismissed. The conviction and sentence of the appellant were upheld. The court found that the trial judge had correctly exercised their discretion in sentencing the appellant, and that the sentence was not manifestly excessive or disproportionate to the crime committed.
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
Full text does not contain this section.