R v Keli LANE [No 18] [2010] NSWSC 1545

New South Wales Supreme Court

CITATION : R v Keli LANE [No 18] [2010] NSWSC 1545

HEARING DATE(S) : 09/08/2010 - 13/12/2010

JUDGMENT DATE : 17 November 2010

JUDGMENT OF : Whealy J

LEGISLATION CITED : Criminal Appeal Act 1912

CATEGORY : Procedural and other rulings

R v PL (2009) NSWCCA 256 Doney v R (1990) 171 CLR 207; (1990) 50 A Crim R 157 at 162 CASES CITED : R v JMR (1991) 57 A Crim R 39 Plomp v The Queen (1967) 110 CLR 234 Keir v the Queen [2007] NSWCCA 149

PARTIES : Regina (Crown) Keli LANE (Accused)

FILE NUMBER(S) : SC 2009/256171

COUNSEL : M Tedeschi QC / H Baker (Crown) K Chapple SC / S Sloane (Accused)

SOLICITORS : Director of Public Prosecutions (Crown) K Laurie, Archbold Legal Solutions (Accused)

LOWER COURT JURISDICTION : Supreme Court

- 6 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CRIMINAL LIST

WHEALY J

WEDNESDAY 17 NOVEMBER 2010

2009/256171 REGINA v Keli LANE

JUDGMENT: Re No Case application – see page 2883 of transcript 1 HIS HONOUR: The accused Keli Lane stands charged for the murder of her daughter Tegan. She is also charged with three counts of perjury. Mr Chapple of senior counsel on behalf of the accused has submitted that, in relation to the murder charge, there is "no case" for his client to answer. He seeks a directed verdict of not guilty on the murder charge. 2 The principles in relation to the correct approach to be taken by a trial court where such an application is made are not in doubt. They were recently stated in R v PL (2009) NSWCCA 256 by Spigelman CJ with whom the other members of the Court agreed. Those principles draw in turn upon the well known statements in Doney v R (1990) 171 CLR 207; (1990) 50 A Crim R 157 at 162 and other established authorities which I need not cite for the purposes of this judgment. 3 The relevant principles may be shortly summarised as follows: