Folbigg v R [2023] NSWCCA 325

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Folbigg v R [2023] NSWCCA 325 Hearing dates: 16 and 24 November 2023 (Written Submissions) Date of orders: 14 December 2023 Decision date: 14 December 2023 Before: Bell CJ; Ward P; Harrison CJ at CL Decision: 1. Quash the convictions of Kathleen Megan Folbigg entered on 21 May 2003 for the following offences: (1) the manslaughter of Caleb Folbigg on 20 February 1989; (2) maliciously inflicting grievous bodily harm upon Patrick Folbigg on 18 October 1990, with intent to do grievous bodily harm; (3) the murder of Patrick Folbigg on 13 February 1991; (4) the murder of Sarah Folbigg on 30 August 1993; and (5) the murder of Laura Folbigg on 1 March 1999. 2. Pursuant to s 6(2) of the Criminal Appeal Act 1912 (NSW), enter verdicts of acquittal in favour of Kathleen Mary Folbigg in respect of the charges for which she had previously been convicted. Catchwords: CRIME – appeal and review – post-conviction inquiry ordered pursuant to s 77(1)(a) of the Crimes (Appeal and Review) Act 2001 (NSW) – where judicial officer formed the opinion that there is reasonable doubt as to the guilt of the Applicant – where matter referred to the Court of Criminal Appeal pursuant to s 82(2) for consideration of whether the Applicant's convictions should be quashed Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) ss 77, 82, 84, 85, 88 Criminal Appeal Act 1912 (NSW) s 6 Cases Cited: Armstrong v R [2021] NSWCCA 311; (2021) 294 A Crim R 54 Attorney-General (Cth) v Huynh [2023] HCA 13; (2023) 97 ALJR 298 R v Folbigg [2003] NSWSC 895 R v O'Connor (1995) 80 A Crim R 214 R v Robinson [1999] NSWCCA 186 Category: Principal judgment Parties: Ms Kathleen Mary Folbigg (Applicant) The Crown (Respondent) Representation: Counsel: