R v Lang

The case of R v Lang involves the appellant appealing against his conviction for murder. The victim was found stabbed, with no witnesses to the event. The only two possibilities as to who caused the victim's death were either the appellant or the victim herself. The central issue at trial was whether the prosecution could exclude beyond reasonable doubt the possibility that the victim committed suicide. The appeal grounds were: (1) the verdict was unreasonable and cannot be supported having regard to the whole of the evidence; and (2) there was a miscarriage of justice by the forensic pathologist being permitted to give his opinion that it was more likely that the victim’s wound had been caused by another person than the wound being self-inflicted.

The court had to determine whether the verdict was unreasonable and cannot be supported having regard to the whole of the evidence and whether the forensic pathologist’s opinion was properly admitted. The court considered the evidence presented, including the stored SMS and email messages, the relationship history between the parties, and the forensic pathologist's testimony. The court examined whether the prosecution's case, which relied on a lie told by the appellant, was sufficient to exclude beyond reasonable doubt the possibility of suicide. Additionally, the court assessed the qualifications and experience of the forensic pathologist in forming an opinion on the likelihood of the cause of the victim's death.

The court concluded that the verdict was not unreasonable or insupportable having regard to the whole of the evidence. It found that the forensic pathologist’s opinion was properly admitted as it was based on his training, experience, and familiarity with the literature on stabbing deaths. The court held that the prosecution had proven the appellant’s guilt beyond reasonable doubt. Consequently, the appeal was dismissed.

ORDERS:
The appeal is dismissed.