R v Moffatt [2000] NSWCCA 174

Reported Decision : 112 A Crim R 201

New South Wales Court of Criminal Appeal

CITATION : R v Moffatt [2000] NSWCCA 174 revised - 23/05/2000 FILE NUMBER(S) : CCA 60193/99 HEARING DATE(S) : 10/05/2000 JUDGMENT DATE : 23 May 2000

PARTIES : Regina Anthony Moffatt JUDGMENT OF : Wood CJ at CL at 1; Foster AJA at 78; Adams J at 79

LOWER COURT JURISDICTION : Supreme Court LOWER COURT FILE NUMBER(S) : 70092/96 LOWER COURT JUDICIAL Kirby J OFFICER :

COUNSEL : Crown: M. Marien Appellant: A.M. Martin SOLICITORS : S.E. O'Connor Mark Lees & Assoc CATCHWORDS : CRIMINAL LAW - appeals - appeal against conviction - murder - trial by judge alone - role of Court of Appeal - causation - whether death of deceased caused by act of appellant - where more than one possible cause of death - where constitutional defect - admissibility of admissions - confabulation - reliability of admissions. Criminal Appeal Act 1912 (NSW) s6(1) LEGISLATION CITED : Criminal Procedure Act 1986 (NSW) s17 Crimes Act 1900 (NSW) s424A Evidence Act 1995 s 85, 85(2), 86, 90, 135, 136, 137, 142, 189(3) DECISION : (1) Appeal dismissed; (2) Conviction and sentence confirmed

IN THE COURT OF CRIMINAL APPEAL

No. 60193/99

WOOD CJ at CL FOSTER AJJ ADAMS J

TUESDAY 23 MAY 2000 Regina v Anthony Stuart MOFFATT

The appellant was convicted of the offence of murder, following trial by judge alone. Both he and the deceased had consumed significant quantities of alcohol before becoming engaged in an argument in the course of which the appellant struck the deceased with a hammer and strangled him. The deceased was in poor health due to advanced cardiac disease and alcoholism. The issue in the trial was whether the death was attributable to the appellant, or to cardiac failure or acute alcohol toxicity independent of any act of the appellant.