R v Fuller (No 4) [2024] NSWSC 1420

Supreme Court New South Wales

Medium Neutral Citation: R v Fuller (No 4) [2024] NSWSC 1420 Hearing dates: 23 September 2024 – 17 October 2024 Decision date: 12 November 2024 Jurisdiction: Common Law Before: Ierace J Decision: The accused is found guilty of the murder of Mark Tozer. Catchwords: CRIME – Murder – Trial by judge alone – Verdict – Where accused had a car accident with the deceased – Where accused failed to stop after the accident – Where deceased followed the accused home – Where accused caused fatal injury or injuries during the physical confrontation at the accused's home – Where accused pleaded guilty to manslaughter on the basis of excessive self-defence – Where manslaughter plea not accepted by Crown in satisfaction of murder count – Where accused conceded the conduct was not a reasonable response in the circumstances as he perceived them – Whether reasonable possibility that the accused believed it was necessary to apply the force that caused the death in order to defend himself Legislation Cited: Crimes Act 1900 (NSW), ss 18(1), 23A, 419, 421 Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 13(1) Criminal Procedure Act 1986 (NSW), s 133(3) Evidence Act 1995 (NSW), ss 32(3), 38 Cases Cited: R v Fuller (No 1) [2024] NSWSC 1206 R v Fuller (No 2) [2024] NSWSC 1208 R v Fuller (No 3) [2024] NSWSC 1294 R v Katarzynski [2002] NSWSC 613 R v Oblach (2005) 65 NSWLR 75; [2005] NSWCCA 440 Category: Principal judgment Parties: Rex Connor Fuller (Accused) Representation: Counsel: Mr B Costello (Crown) Mr M King (Accused)