Matthews v R [2014] NSWCCA 151

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Matthews v R [2014] NSWCCA 151 Hearing dates: 26/06/2014 Decision date: 08 August 2014 Before: Hoeben CJ at CL at [1] Rothman J at [102] Beech-Jones J at [110] Decision: Leave to appeal is granted. Appeal allowed and applicant's conviction for the offence of murder is quashed. A verdict of acquittal be entered in favour of applicant on the charge of murder. There should be a new trial on the charge of manslaughter. Catchwords: CRIMINAL LAW - conviction appeal - whether verdict of jury unreasonable and cannot be supported by evidence - charge of murder - two men involved in a street fight - conflicting evidence as to what happened - evidence of principal Crown witness unreliable in a number of significant respects - not open to jury to conclude beyond reasonable doubt that applicant had intent necessary for murder - murder conviction should be quashed - new trial on the charge of manslaughter. Legislation Cited: Evidence Act 1995 Cases Cited: Griffiths v R [2014] NSWCCA 60 M v The Queen [1994] HCA 63; 181 CLR 487 R v Nguyen [2010] HCA 38; (2010) 242 CLR 491 R v Rasic [2009] NSWCCA 202 SKA v The Queen [2011] HCA 13; 243 CLR 400 Category: Principal judgment Parties: Adam James Matthews - Applicant Regina - Respondent Crown Representation: Counsel: Mr J Stratton SC - Applicant Mr P Ingram SC - Respondent Crown Solicitors: Watsons Solicitors - Applicant S Kavanagh, Solicitor for Public Prosecutions - Respondent Crown File Number(s): 2011/60340 Decision under appeal Citation: Regina v Matthews [2013] NSWSC 659 Date of Decision: 2013-04-16 00:00:00 Before: Mathews J File Number(s): 2011/60340