Draft
SUPREME COURT OF QUEENSLAND
CITATION: R v Wal Wal [2025] QSC 37 PARTIES: The KING
v
WAL WAL, Kresto;
(first defendant)
WAL, Gabreal Wal;
(second defendant)
WAL, Santo;
(third defendant)
WAL WAL, Yohana;
(fourth defendant)
LOKOLONG, Joseph;
(fifth defendant)
MAJOK, Majok Riel;
(sixth defendant)
DENG, Alex Edward;
(seventh defendant)
KON, Chan Kuchmol;
(eighth defendant)
YAAK, Abraham Ajang;
(ninth defendant)
ABIO, Ben;
(tenth defendant)
MAKUOL, Juma Makuol Deng; and
(eleventh defendant)
MAKUACH, Malat Akoi
(twelfth defendant)FILE NO/S: Indictment No.1070 of 2024 DIVISION: Trial Division PROCEEDING: Trial (Judge Alone) ORIGINATING Supreme Court of Queensland at Brisbane COURT: DELIVERED ON: 12 March 2025 DELIVERED AT: Brisbane HEARING 12 November 2024; 13 November 2024; 14 November 2024; DATES:
15 November 2024; 18 November 2024; 19 November 2024; 20 November 2024; 21 November 2024; 22 November 2024;
25 November 2024; 27 November 2024; 28 November 2024;
29 November 2024; 2 December 2024JUDGE: Crowley J
VERDICTS: 1. In respect of Kresto Wal Wal: Count 1 (murder): Guilty; Count 2 (unlawful wounding with intent to do grievous bodily harm): Guilty; Count 3 (unlawful grievous bodily harm with intent to do grievous bodily harm): Guilty; Count 4 – alternative (unlawful wounding): Guilty; Count 5 (unlawful wounding with intent to do grievous bodily harm): Not guilty; Count 5 – alternative (unlawful wounding): Guilty; Count 6 (unlawful wounding with intent to do grievous bodily harm): Guilty; Count 7 (unlawful striking with intent to do grievous bodily harm): Guilty; Count 8 (unlawful striking with intent to do grievous bodily harm): Not guilty; Count 9 (unlawful striking with intent to do grievous bodily harm): Guilty; Count 10 (unlawful striking with intent to do grievous bodily harm): Guilty; Count 11 (unlawful assault occasioning bodily harm, whilst armed with a dangerous weapon and in company): Guilty.
2. In respect of Gabreal Wal Wal: Count 1 (murder): Guilty; Count 2 (unlawful wounding with intent to do grievous bodily harm): Guilty; Count 3 (unlawful grievous bodily harm with intent to do grievous bodily harm): Guilty; Count 4 – alternative (unlawful wounding): Guilty; Count 5 (unlawful wounding with intent to do grievous bodily harm): Not guilty; Count 5 – alternative (unlawful wounding): Guilty; Count 6 (unlawful wounding with intent to do grievous bodily harm): Guilty; Count 7 (unlawful striking with intent to do grievous bodily harm): Guilty; Count 8 (unlawful striking with intent to do grievous bodily harm): Not guilty; Count 9 (unlawful striking with intent to do grievous bodily harm): Guilty; Count 10 (unlawful striking with intent to do grievous bodily harm): Guilty; Count 11 (unlawful assault occasioning bodily harm, whilst armed with a dangerous weapon and in company): Guilty.
3. In respect of Santo Wal: Count 1 (murder): Guilty; Count 2 (unlawful wounding with intent to do grievous bodily harm): Guilty; Count 3 (unlawful grievous bodily harm
with intent to do grievous bodily harm): Guilty; Count 4 – alternative (unlawful wounding): Guilty; Count 5 (unlawful wounding with intent to do grievous bodily harm): Not guilty; Count 5 – alternative (unlawful wounding): Guilty;…
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- AGLC
- R v Wal Wal [2025] QSC 37
- Case
- [2025] QSC 37
- Decision Date
CaseChat Overview and Summary
The key legal issue was whether the circumstantial evidence against Wal Wal was strong enough to support a guilty verdict, given the requirement that the inference of guilt must be the only rational inference that could be drawn from the circumstances. The court had to carefully consider whether there was any rational hypothesis consistent with innocence that could reasonably be drawn from the evidence. The burden of proof lay with the prosecution to exclude any such hypothesis.
In reaching its decision, the court emphasised the need for a logical and rational connection between the established facts and the ultimate inference of guilt. The court acknowledged that circumstantial evidence could be sufficient for a conviction if the only rational inference from the circumstances was guilt. The court also highlighted that it was not necessary for the prosecution to prove each underlying fact or circumstance to any particular standard, but rather to prove the ultimate inference of guilt beyond reasonable doubt. After considering the evidence, the court concluded that the circumstantial evidence was strong enough to exclude any reasonable hypothesis of innocence, leading to a finding of guilt.
The court ordered that Wal Wal be found guilty of the drug trafficking charges, emphasising the strength of the circumstantial evidence in supporting the conviction. The court’s decision underscored the importance of the cumulative weight of circumstantial evidence in criminal cases and the necessity for the prosecution to exclude any reasonable hypothesis of innocence.
Orders
Orders of the court
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Background
Background to the litigation
Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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