R v So (No 4) [2023] NSWSC 1292

Supreme Court New South Wales

Medium Neutral Citation: R v So (No 4) [2023] NSWSC 1292 Hearing dates: 14 August – 6 October 2023 Decision date: 10 November 2023 Jurisdiction: Common Law Before: Ierace J Decision: The accused is found not guilty. Catchwords: CRIME – Murder – Trial by judge alone – Verdict – Where circumstantial Crown case – Accused invited to property of alleged deceased in 2016 – Alleged deceased disappeared four days later – Whether evidence establishes elements of murder beyond reasonable doubt – Whether reasonable possibility accused's exculpatory account true – Whether reasonable possibility other persons involved in disappearance of alleged deceased Legislation Cited: Court Suppression and Non-Publication Orders Act 2010 (NSW), ss 7, 8 Criminal Procedure Act 1986 (NSW), ss 133, 161A Evidence Act 1995 (NSW), ss 53, 65, 165B Cases Cited: R v So (No 2) [2023] NSWSC 1052 R v So (No 3) [2023] NSWSC 1113 Texts Cited: T W Adair and A C Gallardo, "Considering the Target Surface in Bloodstain Pattern Analysis: An Unusual Case of Blood Pooling" (1999) 49(5) Journal of Forensic Identification 485 Chengcheng C. Feng, "Impact of Carpet Construction on Fluid Penetration: The Case of Blood" (2016) Master of Science (Textile Manufacturing) Degree, North Carolina State University, Raleigh, North Carolina Category: Principal judgment Parties: Rex Kylie So (Accused) Representation: Counsel: L Shaw (Crown) I Nash (Accused)

Solicitors: Office of the Director of Public Prosecutions (NSW) (Crown) Legal Aid NSW (Accused) File Number(s): 2017/279513 Publication restriction: Some witnesses have been assigned pseudonyms in this judgment and an order has been made pursuant to ss 7 and 8(1)(e) of the Court Suppression and Non-Publication Orders Act 2010 (NSW) prohibiting the disclosure of information that tends to reveal their identity.