R v Paterson (No 4) [2014] NSWSC 162

Supreme Court New South Wales

Medium Neutral Citation: R v Paterson (No 4) [2014] NSWSC 162 Hearing dates: 27 February 2014 Decision date: 03 March 2014 Before: Bellew J Decision: I direct a verdict of not guilty in respect of the offences of murder (in count 1), the alternative offence of manslaughter, the offence of aggravated sexual assault (count 2), and the statutory alternative to that count. Catchwords: CRIMINAL LAW - trial - application for directed verdicts - accused charged with murder and aggravated sexual assault - whether the evidence capable of establishing the elements of each offence - test to be applied at the close of the Crown case

EVIDENCE - LIES BY ACCUSED - statements made by accused alleged by the Crown to be lies evidencing a consciousness of guilt - statements relied upon as part of the Crown's circumstantial case - whether relevant test met Cases Cited: Attorney-General's Reference (No 1 of 1983) [1983] 2 VR 410 Doney v R (1990) 171 CLR 207 Edwards v R (1993) 178 CLR 193 R v Bilick and Starke (1984) 36 SASR 321; (1984) 11 A Crim R 452 R v Heyde (1990) 20 NSWLR 234 R v Hillier (2007) 228 CLR 618 R v JMR (1991) 57 A Crim R 39 R v Lane (No. 13) [2010] NSWSC 1540 R v Lane [2011] NSWCCA 157 R v Lodhi [2006] NSWSC 672 R v Paterson [2014] NSWSC 29 Saffron v Director of Public Prosecutions; Allen v Director of Public Prosecutions (1989) 16 NSWLR 397 Category: Principal judgment Parties: Regina - Crown Rodney Paterson - Accused Representation: Counsel: Mr K McKay - Crown Mr J Stratton SC and Ms B O'Reilly - Accused Solicitors: Solicitor for Public Prosecutions (NSW) - Crown Peter Murphy - Accused File Number(s): 2011/248808 Publication restriction: Nil