R v Douglass (No 1) [2022] NSWSC 1287

Supreme Court New South Wales

Medium Neutral Citation: R v Douglass (No 1) [2022] NSWSC 1287 Hearing dates: 22 August – 9 September 2022 Decision date: 26 September 2022 Jurisdiction: Common Law Before: Ierace J Decision: The accused is found guilty of murder. Catchwords: CRIMINAL LAW – trial by judge alone – single count of murder – where Crown case was that the accused entered the deceased's house with a co-accused to steal money and the deceased was stabbed in the course of that enterprise – where accused made multiple admissions to participation in the killing – where co-accused was a witness for the prosecution – whether elements of murder established on basis that accused stabbed the deceased – whether elements of murder established on basis of extended joint criminal enterprise – whether accused acted in defence of another – reasons for verdict Legislation Cited: Crimes Act 1900 (NSW), s 18 Criminal Procedure Act 1986 (NSW), ss 132, 133 Evidence Act 1995 (NSW), ss 32, 108C Cases Cited: Douglass v R [2020] NSWCCA 284 McAuliffe v The Queen (1995) 183 CLR 108; [1995] HCA 37 Category: Principal judgment Parties: Rex Ammie Douglass (Accused) Representation: Counsel: Mr M Pincott (Crown) Mr T Jones (Accused)

Solicitors: Solicitor for Public Prosecutions (NSW) (Crown) Bannisters Lawyers (Accused) File Number(s): 2016/197051 Publication restriction: Pseudonyms used to reflect non-publication orders made on 27 November 2018; 3 August 2022; and 26 September 2022