Federal Court of Australia
. Mahar 04] 80 CATCHWORDS
Criminal law - appeal against conviction for murder - submission that verdict perverse because on the probabilities injuries causing death not inflicted at time when appellant in victim's presence - submission rejected - challenge to exercise of trial judge's discretion in refusing to discharge jury on three occasions ~- challenge rejected - submissions based on various aspects of conduct of trial also rejected -
no question of. principle involved - appeal dismissed.
Ante Erich v. The Queen
No. FC 45 of 1979
Coram: Blackburn, St.John and Sheppard JJ.
Date: 27th March, 1980
Canberra.
IN THE FEDERAL COURT OF AUSTRALIA
CANBERRA DISTRICT REGISTRY No. FC 45 of 1979
GENERAL DIVISION
JUDGES MAKING ORDER ; DATE OF ORDER
WHERE MADE
THE COURT ORDERS THAT:
On appeal from the Supreme Court of the Australian Capital Territory
Between
ANTE ERICH
Appellant
and
THE QUEEN
Respondent
ORDER
Blackburn, St.John and Sheppard JJ. 27th March, 1980
Canberra
The appeal be dismissed.
IN THE FEDERAL COURT OF AUSTRALIA
CANBERRA DISTRICT REGISTRY No. FC 45 of 1979 GENERAL DIVISION
On appeal from the Supreme Court of the Australian Capital Territory
Between
ANTE ERICH
Appellant and THE QUEEN Respondent
CORAM: Blackburn, St.John and Sheppard, JJ.
REASONS FOR JUDGMENT
30 JUNE 1980 THE COURT: oe
The appellant, Ante Erich, appealed against his conviction and sentence upon a charge of the murder of one Stanislawa Widgas. The date of the appellant's conviction was 14th December, 1979. The trial was a lengthy one, it having commenced on 19th November, 1979. The appeal was heard on 25th, 26th and 27th March, 1980, At the conclusion of the hearing of it the appeal was dismissed. We announced that we would publish our
reasons later. what follows are our reasons for dismissing the
anneal.
There is no question, and there was no issue at the trial or upon the hearing of the appeal, that Mrs. Wwijas was murdered on Monday, 13th March, 1978, at her home, No.133 Limestone Avenue, Braddon, Nor is there any question that the appellant entered Mrs. Wijas' home at about 7.30 a.m, on the morning of that day, bound her to a chair and gagged her. So much appears from the statement he made at the trial and also from statements which he made to the police during the course of their investigations into the murder. Furthe common ground is provided by the fact that the appellant again entered Mrs. Wijas' house at about 9 p.m. on the day of the murder and moved her from the chair to which he had bound her on to a bed in a bedroom shown in a plan as bedroom No.2. At the time that he did so Mrs. Wijas was probably dead. She had been severely beaten, particularly in the area of her neck. She died as the result of multiple fractures of and in the area of her cervical spine, these causing a state of shock from which she did not recover,
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