R v Reid

Case [2018] QCA 63

SUPREME COURT OF QUEENSLAND

CITATION:

R v Reid [2018] QCA 63

PARTIES:

R
v
REID, William Darcy
(appellant)

FILE NO/S:

CA No 91 of 2016
SC No 67 of 2015

DIVISION:

Court of Appeal

PROCEEDING:

Appeal against Conviction

ORIGINATING COURT:

Supreme Court at Cairns – Date of Conviction: 1 April 2016 (Henry J)

DELIVERED ON:

6 April 2018

DELIVERED AT:

Brisbane

HEARING DATE:

20 October 2017

JUDGES:

Sofronoff P and Morrison JA and Jackson J

ORDER:

Appeal dismissed.

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO THE EVIDENCE – where the appellant gave conflicting accounts to police as to his involvement in the death of the deceased – where one account advanced by the appellant to the police was that he had stabbed and killed the deceased – where the defence case at trial was that the appellant’s girlfriend had killed the deceased by stabbing him in the back – where the evidence of the appellant’s girlfriend at trial was that the appellant had killed the deceased by stabbing him in the ribs – where autopsy evidence was consistent with the appellant’s girlfriend’s account but not the appellant’s – whether it was open for the jury to conclude beyond a reasonable doubt that the appellant killed the deceased

CRIMINAL LAW – APPEAL AND NEW TRIAL – VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO THE EVIDENCE – where the appellant disposed of the body of the deceased in a wild pigs’ den – where the appellant forged a document purporting to be a receipt for the sale of the deceased’s car to the appellant – where the appellant implicated his girlfriend in the destruction of his clothes and shoes – where the appellant lied to his mother, his girlfriend’s parents and police as to the whereabouts and fate of the deceased – where the appellant profited after the death of the deceased through use of the deceased’s credit cards – where the appellant instructed his girlfriend to lie – where no hypothesis consistent with manslaughter had been raised on the evidence led by either the prosecution or defence – whether it was open to the jury to conclude that the appellant’s post-offence conduct was so out of proportion to culpability for a killing in self-defence or under provocation that it could only be explained by a consciousness of guilt of murder

CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR GROUNDS OF APPEAL – MISDIRECTION OR NON-DIRECTION – JUDGE’S SUMMING UP – where the learned trial judge explained to the jury how and why a verdict of manslaughter was an alternative to a verdict of murder – where the learned trial judge explained to the jury how circumstantial evidence can be used – where the learned sentencing judge explained to the jury that the appellant’s girlfriend had been given a reduced sentence for being an accessory after the fact to murder in exchange for giving evidence at the appellant’s trial – where the…

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AGLC
R v Reid [2018] QCA 63
Case
[2018] QCA 63
Decision Date

CaseChat Overview and Summary

In the case of R v Reid, the appellant contested the conviction and sentence imposed by the Supreme Court of Victoria. The central issue was whether the jury's verdict, finding the appellant guilty of murder, was unreasonable or insupportable considering the evidence presented. The case involved conflicting accounts regarding the appellant's involvement in the death of the deceased, with the appellant initially claiming he had stabbed the deceased, while his girlfriend testified that the appellant had indeed killed the deceased, albeit in a different manner. The autopsy evidence supported the girlfriend’s account, but not the appellant’s.

The primary legal issue before the court was whether it was open to the jury to conclude beyond a reasonable doubt that the appellant was responsible for the murder. Additionally, the court needed to determine if the appellant's extensive post-offence conduct, including the disposal of the body, forging documents, and lying to various individuals, could justify a conclusion of guilt beyond reasonable doubt. The court also examined whether the judge's summing up to the jury contained any errors or omissions that might have affected the verdict. Specifically, the judge initially allowed the jury to consider the appellant's post-offence conduct as indicative of an intent to kill but later withdrew this direction, stating that the evidence regarding intent was equivocal.

The court found that the evidence, including the appellant's post-offence behaviour and the girlfriend's testimony, supported the jury's conclusion that the appellant was guilty of murder. The court held that the trial judge's summing up was not defective and that the jury was correctly directed on the law. The court further found that the evidence was sufficient for the jury to conclude that the appellant was guilty of murder, rejecting the appeal on the grounds that the verdict was not unreasonable or insupportable.

Orders

Orders of the court

Appeal dismissed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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