R v Geeves; R v Geeves (No. 7) [2024] NSWSC 1168

Supreme Court New South Wales

Medium Neutral Citation: R v Geeves; R v Geeves (No. 7) [2024] NSWSC 1168 Hearing dates: 21, 24-27 June; 1-5, 8-12, 15-18, 22, 23, 29-31 July; 1-2, 12 and 14 August 2024 Date of orders: 16 September 2024 Decision date: 16 September 2024 Jurisdiction: Common Law Before: Lonergan J Decision: The accused are found not guilty. Catchwords: CRIMINAL LAW – murder – trial by judge alone – circumstantial case – where Amber Haigh disappeared in June 2002 – disappearance less than five months after the birth of her baby – where her body has never been found – whether circumstantial evidence establishes that she is dead, and that the death was caused by the accused – joint criminal enterprise – delay – forensic disadvantage – s 165B Evidence Act warnings – indispensable intermediate facts – circumstantial case Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Criminal Procedure Act 1986 (NSW) Evidence Act 1995 (NSW) Cases Cited: Dawson v R [2024] NSWCCA 98 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 Hayward v R (2018) 97 NSWLR 852; [2018] NSWCCA 104 DS v R [2018] NSWCCA 195 R v Stewart (2001) 52 NSWLR 301; [2001] NSWCCA 260 The Queen v Carroll (2002) 213 CLR 635; [2002] HCA 55 TO v R [2017] NSWCCA 12 Category: Principal judgment Parties: Rex (Crown) Robert Samuel Geeves (Accused) Anne Margaret Geeves (Accused) Representation: Counsel: P.W. Kerr (Crown) P Coady (Robert Samuel Geeves) M.P. King (Anne Margaret Geeves)