R v Valencia Valencia [2023] NSWSC 163

Supreme Court New South Wales

Medium Neutral Citation: R v Valencia Valencia [2023] NSWSC 163 Hearing dates: 6 February 2023; 7 February 2023; 8 February 2023; 9 February 2023; 10 February 2023; 13 February 2023; 14 February 2023 Date of orders: 24 February 2023 Decision date: 24 February 2023 Jurisdiction: Common Law - Criminal Before: Yehia J Decision: Hector Enrique Valencia Valencia found not guilty of the murder of Kimberly McRae, but guilty of manslaughter Catchwords: CRIMINAL LAW — Murder — Trial by judge alone — Whether the accused intended to cause grievous bodily harm or kill the deceased — Where cause of death is neck compression — Unlawful and dangerous act — Whether the prosecution has excluded the reasonable possibility that the accused acted in self-defence Legislation Cited: Crimes Act 1900 (NSW), ss 418, 419 Criminal Procedure Act 1986 (NSW), ss 132, 133, 133(3) Evidence Act 1995 (NSW), ss, 65, 191 Cases Cited: Gall v R; Gall v R [2015] NSWCCA 69 R v Katarzynski [2002] NSWSC 613 Sivaraja v R; Sivathas v R [2017] NSWCCA 236 Wilson v The Queen (1992) 174 CLR 313; [1992] HCA 31 Category: Principal judgment Parties: Rex (Crown) Hector Enrique Valencia Valencia (Accused) Representation: Counsel: C Everson SC (Crown) C Wasley (Defence)

Solicitors: Office of the Director of Public Prosecutions (Crown) James and Jaramillo Lawyers (Defence) File Number(s): 2020/00043308 Publication restriction: Pursuant to s 7 of the Court Suppression and Non-Publication Act 2010 (NSW), there is to be no publication of the contents contained in paragraph [97]. The orders are made on the grounds set out in ss 8(1)(a), (c) and (e) of the Act