R v Bowie (No 4) [2022] NSWSC 1505

Supreme Court New South Wales

Medium Neutral Citation: R v Bowie (No 4) [2022] NSWSC 1505 Hearing dates: 24 October 2022 Date of orders: 24 October 2022 Decision date: 04 November 2022 Jurisdiction: Common Law Before: Yehia J Decision: I refuse the application to give the jury a Shepherd direction. Catchwords: Application to give the jury a "Shepherd" direction —What constitutes a "link in the chain" as opposed to "a strand in a cable" — Where the Crown relies solely on an intention to kill as the requisite intention for murder — Where the accused wife disappeared in 1982 and her body has not been found — Where the majority of facts relied upon go to establishing death and deliberate act or acts inflicted by the accused as opposed to an intention to kill-where a Shepherd direction may be redundant given that the jury will be directed that the Crown must prove each element of the offence beyond reasonable doubt Legislation Cited: Crimes Act 1900 (NSW) s 18(1)(a) Evidence Act 1995 (NSW) s 65 Cases Cited: D'Agostino v Regina [2019] NSWCCA 259 Davidson v R [2009] NSWCCA 150; (2009) 75 NSWLR 150 Minniti v The Queen (2006) 196 FLR 431 R v Merritt [1999] NSWCCA 29 Shepherd v The Queen (1990) 170 CLR 573; [1990] HCA 56 Category: Procedural rulings Parties: Rex (Crown) John Douglas Bowie (Accused) Representation: Counsel: A Morris (Crown) W Terracini SC (Accused) Solicitors: Department of Public Prosecution (Crown) LY Lawyers (Accused) File Number(s): 2019/00146792