O'Leary v R [1946] HCA 44

Cons ay Appl Fol, Foll As Foll Pitesti Peas v Rv Sakail, RvLyons& APPL, ' 1988) 100k ons KiscFatane (1931 Q8R Lyons vs (1992) yan shia x & GMTER GO striae SPIN Grell (psreik GIES fib fee Cons Ata pe 260 Dist pol Conway de ' R Appl VRHMcL McFievR oo WAR (9501S War IY Peake {1999 1 VR 00} 172 ah Gye) sr LR 185 Appl Public Crim 117 on Appl recor of B 'e idl oa 'h 566 ioe HH aR (eee nuud COURT es +946. paseo App! dam v 1399) 106 Pe sotheren ay Serato CrimR 510 (2001) 122 KOI ACrimR 301 im | 114 [HIGH COURT OF AUSTRALIA.] O'LEARY APPLICANT ; AND THE KING . : ' fi : A ReEsPonvDENT. ON APPEAL FROM THE SUPREME COURT OF SOUTH AUSTRALIA. H. (or A, Criminal Law — Evidence — Similar acts — Relevance — Admissibility — Murder — 1946. Accused—Connection with crime—Disposition of accused—Drunken orgy— Se Assaults committed by accused during orgy—Nature of assaults—Similarity Sypyey, between injuries thus inflicted and injuries sustained by deceased—Connected Nov. 12, 13. course of conduct—Res gestae. Yathom OF. B, an employee at a timber camp, and other fellow employees including the gi psn, i applicant took part in a drunken orgy which commenced on Saturday morning Williams JJ. and continued until late on Saturday night. At about midnight B retired to

his cubicle which was a short distance from that of the applicant. In the

early hours of Sunday morning B was found in his cubicle in a dying condition. 'An examination of B showed that he had been struck on the head eight or nine times with a bottle after which, kerosene having been poured over him, his clothes had been set on fire. Shortly before the discovery of B the applicant had in his possession a bottle. A pull-over belonging to the applicant was found close to B.'s cubicle. The applicant was found guilty of the murder of B. At the trial evidence was admitted that the applicant at various times during the orgy had violently assaulted other employees. Some of these assaults were unprovoked and all consisted of brutal blows at the head. During the afternoon the applicant had aimed a blow at B.