R v BEST [2012] NSWSC 924

Supreme Court New South Wales

Medium Neutral Citation: R v BEST [2012] NSWSC 924 Hearing dates: 25 June 2012 Decision date: 13 August 2012 Before: Rothman J Decision: To the charge of indecently interfere with dead human body - the accused is found not guilty To the charge of improperly interfere with corpse or human remains - the accused is found guilty. Catchwords: CRIMINAL LAW - back up charges following a murder trial which resulted in a not guilty verdict - accused charged with indecently and improperly interfering with a dead human body contrary to ss 81C(a) and (b) of the Crimes Act 1900 - all evidence as to charges heard in murder trial - credit of Crown witnesses taken into account - factual determination. Legislation Cited: Crimes Act 1900 Criminal Procedure Act 1986 Cases Cited: Mraz v R (1956) 96 CLR 62 Category: Principal judgment Parties: Regina (Crown) Robert Thomas Best (accused) Representation: Counsel: Mr C Maxwell QC and Mr C M Everson (for the Crown) Mr P Young SC and Mr B Hancock (for the accused) Solicitors: Director of Public Prosecutions (for the Crown) Nikola Velcic & Associates (for the accused) File Number(s): 2010/274792

Judgment 1HIS HONOUR: Robert Best faces charges of indecently interfering with a dead human body, contrary to s 81C(a) of the Crimes Act 1900 (Count 1) and improperly interfering with a dead human body contrary to s 81C(b) of the Crimes Act (Count 2). Mr Best pleads not guilty to each. 2These charges come before the Court, as back up charges to the offence of murder, of which, after trial before a jury, Mr Best was found not guilty. The two charges are for back up offences, as defined in s 165 of the Criminal Procedure Act 1986 and have been dealt with in accordance with s 166 thereof. Pursuant to the terms of s 168 of the Criminal Procedure Act, the Court is dealing with each offence without a jury and on the basis only of the evidence given during the trial of the accused for the original murder offence. No leave has been sought, or granted, to call additional evidence: see s 168(2) of the Criminal Procedure Act.