BURRELL v R [2007] NSWCCA 65

Appeal Outcome: Special Leave Application granted on limited grounds by the High Court - 7 March 2008Appeal allowed [2008] HCA 34

New South Wales Court of Criminal Appeal

CITATION: BURRELL v R [2007] NSWCCA 65 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 30 November 2006

JUDGMENT DATE: 16 March 2007

JUDGMENT OF: McClellan CJ at CL at 1; Sully J at 332; James J at 333

DECISION: Appeal dismissed

CATCHWORDS: CRIMINAL LAW - appeal - criminal trial - murder - evidence - burden of proof - assessment by jury - indispensable intermediate facts - essential intermediate fact - circumstantial evidence - whether to be satisfied beyond reasonable doubt of each fact from which inference of guilt to be drawn CRIMINAL LAW - reasonable hypothesis consistent with innocence - hypothesis consistent with innocence must be more than mere speculation or conjecture - hypothesis consistent with innocence is reasonably possible - police investigation inadequate and capable of weakening Crown case - EVIDENCE - section 137 - restricting cross-examination - admissibility of document for the truth of its contents - significant probative value - positive identification - danger of unfair prejudice - EVIDENCE - section 38 - unfavourable evidence - unfavourable witness TRIAL BY JURY - juror's note - sanctity of jury room - finality of verdict - secrecy and confidentiality of jury deliberations inter se - irregularity in jury process - communications between jury and trial judge to be disclosed in open court - Black direction - reasonable apprehension or suspicion juror will not discharge task impartially - juror disqualification - juror bias - unsafe and unsatisfactory verdict - SENTENCING - appeal - murder - killing for financial gain - imprisonment for life - whether manifestly excessive