SMITH v R [2013] NSWCCA 64

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: SMITH v R [2013] NSWCCA 64 Hearing dates: 11 March 2013 Decision date: 27 March 2013 Before: Hoeben CJ at CL at [1] Slattery J at [92] Bellew J at [93] Decision: Leave granted to appeal in respect of the first ground of appeal. The appeal with respect to the first ground of appeal is allowed. The verdict of guilty, entered on 7 July 2011 against the appellant quashed and in lieu thereof, there should be entered a verdict of acquittal in favour of the appellant. Catchwords: CRIMINAL LAW - conviction appeal - murder - circumstantial Crown case - body found in pool of blood - evidence of earlier altercation - whether actions of appellant caused deceased's death - scenario consistent with innocence not excluded by Crown case - jury verdict unreasonable and not able to be supported having regard to the evidence. Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Cases Cited: Carney v R; Cambey v R [2011] NSWCCA 223 M v R [1994] HCA 63; 181 CLR 487 MFA v R [2002] HCA 53; 213 CLR 606 Picken v R [2007] NSWCCA 319 R v Kanaan [2005] NSWCCA 385; 157 A Crim R 238 R v Wilson [2005] NSWCCA 20 SKA v R [2011] HCA 13; 243 CLR 400 Category: Principal judgment Parties: Darren Paul Smith - Appellant Regina - Respondent Crown Representation: Counsel: P Ingram SC - Crown S Odgers SC - Appellant Solicitors: S Kavanagh - Solicitor for Public Prosecutions - Respondent Crown B Sandland - Legal Aid NSW - Appellant File Number(s): 2009/50517 Decision under appeal Citation: [2011] NSWSC 1082 Date of Decision: 2011-09-16 00:00:00 Before: Buddin J File Number(s): 2009/50517