Keir v R [2007] NSWCCA 149

Appeal Outcome: Special leave refused by the High Court 19 June 2009 (S31/2008)

New South Wales Court of Criminal Appeal

CITATION: Keir v R [2007] NSWCCA 149

HEARING DATE(S): 15 September 2006

JUDGMENT DATE: 6 June 2007

JUDGMENT OF: Hunt AJA at 1; Johnson J at 2; Latham J at 170

DECISION: Appeal against conviction dismissed.

CATCHWORDS: CRIMINAL LAW - appeal against conviction - trial by judge alone - conviction for murder - circumstantial case - wife of appellant disappeared in 1988 - human bones discovered buried in grounds of the matrimonial home in 1991 - Crown case that bones were those of appellant's wife - DNA evidence - appellant contends that verdict was unreasonable and could not be supported by the evidence - alleged sightings of appellant's wife after her disappearance - alleged deficiencies in DNA evidence - claim that Crown and trial judge fell into "prosecutor's fallacy" - claim that trial judge fell into factual error in findings concerning excavation of site where human bones discovered - claim that not open to trial judge to find that appellant's wife was dead and had died as result of act of appellant committed with intent to kill or to cause grievous bodily harm - held that Crown presented strong circumstantial case - no error demonstrated in detailed reasons of trial judge - verdict was reasonable and supported by the evidence - no miscarriage of justice has occurred - appeal dismissed

LEGISLATION CITED: Criminal Procedure Act 1986 Criminal Appeal Act 1912

R v Keir (2002) 127 A Crim R 198 R v K (2003) 59 NSWLR 431 R v Keir [2004] NSWSC 964 R v Keir [2004] NSWSC 1194 R v Moffatt (2000) 112 A Crim R 201 CASES CITED: Fleming v The Queen [1998] 197 CLR 250 Peacock v The King (1911) 13 CLR 619 Shepherd v The Queen (1990) 170 CLR 573 R v Cable (1947) 47 SR (NSW) 183 De Gruchy v The Queen [2002] 211 CLR 85 R v Doheny (1997) 1 Cr App R 369