R v STEVEN WAYNE HILLIER
[2010] ACTSC 33 (16 April 2010)
CRIMINAL LAW – trial by judge alone – murder – circumstantial case – evidence of motive, opportunity and consciousness of guilt and DNA evidence – reasonable possibility of contamination of DNA evidence – consciousness of guilt evidence not proved beyond reasonable doubt – verdict of acquittal entered.
EVIDENCE – burden of proof in relation to DNA evidence and consciousness of guilt evidence – proof beyond reasonable doubt required because of importance of evidence to Crown case.
EVIDENCE – waiver of rules of evidence under s 190 of Evidence Act 1995 (Cth) – tender of transcript of first trial.
Crimes Act 1900 (ACT) s 12
Crimes (Forensic Procedures) Act 2000 (ACT)
Evidence Act 1995 (Cth) ss 38, 135, 137, 190, 192
Supreme Court Act 1933 (ACT) s 68B
Adam v The Queen (2001) 207 CLR 96 referred to
Barca v The Queen (1975) 133 CLR 82 cited
Chamberlain v The Queen [No 2] (1984) 153 CLR 521 referred to
De Gruchy v The Queen (2002) 211 CLR 85 cited
Director of Public Prosecutions v Edwin Nair (2009) 170 ACTR 15 referred to
Dyers v The Queen (2002) 210 CLR 285 cited
Edwards v The Queen (1993) 178 CLR 193 discussed
Hillier v The Queen [2005] ACTCA 48 cited
Hillier v R (2008) 1 ACTLR 235 discussed
Jones v Dunkel (1959) 101 CLR 298 referred to
Melbourne v The Queen (1999) 198 CLR 1 cited
Penney v The Queen (1998) 72 ALJR 1316 discussed
Plomp v The Queen (1963) 110 CLR 234 discussed
R v Adam (1999) 106 A Crim R 510 referred to
R v Betancur-Galvis (2003) 142 A Crim R 527 cited
R v Butler [2009] QCA 111 cited
R v Farquharson [2009] VSCA 307 cited
R v Fletcher (1998) 2 Qd R 437 cited
R v Laz [1998] 1 VR 453 cited
R v Pantoja (1996) 88 A Crim R 554 cited
R v Stafford [2009] QCA 407 cited
Shepherd v The Queen (1990) 170 CLR 573 referred to
The Queen v Hillier (2007) 228 CLR 618 discussed
Velevski v R (2002) 187 ALR 233 referred to
Woon v The Queen (1964) 109 CLR 529 discussed
Byrne D and Heydon JD, Cross on Evidence, (Butterworths, Australian ed, subscription service) at [9040]
No. SCC 37 of 2004
Judge: Besanko J
Supreme Court of the ACT
Date: 16 April 2010
IN THE SUPREME COURT OF THE )
) No. SCC 37 of 2004
AUSTRALIAN CAPITAL TERRITORY )
THE QUEEN
v
STEVEN WAYNE HILLIER
ORDER
Judge: Besanko J
Date: 16 April 2010
Place: Canberra
THE COURT ORDERS THAT:
On the charge on indictment that Steven Wayne Hillier murdered Ana Louise Hardwick between 30 September 2002 and 2 October 2002 at Canberra in the Australian Capital Territory there be a verdict of acquittal.
Introduction
Steven Wayne Hillier is charged on indictment with the murder of Ana Louise Hardwick between 30 September 2002 and 2 October 2002 at Canberra in the Australian…
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CaseChat Overview and Summary
The court examined the prosecution's argument that the defendant's DNA matched that found at the crime scene, but acknowledged the potential for contamination and thus considered it insufficient to prove guilt beyond reasonable doubt. The court also scrutinised the evidence of motive, opportunity, and consciousness of guilt, concluding that these elements did not sufficiently corroborate the DNA evidence. The court held that the prosecution had not met the burden of proof, which required evidence to be established beyond reasonable doubt due to its critical role in the case. The court found that the evidence of consciousness of guilt, in particular, was not proved beyond reasonable doubt, impacting the overall strength of the prosecution's case.
Following the court's deliberations, it was determined that the prosecution had failed to establish the defendant's guilt beyond reasonable doubt. Consequently, the judge acquitted the defendant, entering a verdict of acquittal. The final orders of the court were that Steven Wayne Hillier was to be found not guilty of the charge of murder, and a verdict of acquittal was to be recorded.
Orders
Orders of the court
I find the accused not guilty. A verdict of acquittal must be entered.
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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