R v Davis [2016] NSWSC 1362

Supreme Court New South Wales

Medium Neutral Citation: R v Davis [2016] NSWSC 1362 Hearing dates: 29 August - 22 September 2016 Decision date: 28 September 2016 Jurisdiction: Common Law Before: R A Hulme J Decision: Guilty to each count Catchwords: CRIMINAL LAW – murder and attempted murder – judge alone trial – reasons for verdict – where three victims were residents in a nursing home at which the accused was an aged care worker – where each victim injected with insulin with an intention to kill – sole issue whether accused administered the injections – circumstantial case – possibility that someone other than a member of staff administered injections rejected as alternative hypothesis – evidence against accused distinguishes him from other members of staff – verdicts of guilty Legislation Cited: Crimes Act 1900 (NSW) ss 18, 27 Criminal Procedure Act 1986 (NSW) ss 132, 132A Evidence Act 1900 (NSW) s 98(1) Cases Cited: Basto v The Queen (1954) 91 CLR 628 Lane v R [2013] NSWCCA 317 The Queen v Baden-Clay [2016] HCA 35 R v Cramp (1880) 5 QBD 307 R v Haydon (1845) 1 Cox CC 184 Category: Principal judgment Parties: Regina Garry Steven Davis Representation: Counsel: Mr L Carr (Crown) Mr C Watson (Accused)

Solicitors: Solicitor for Public Prosecutions Ramsland Laidler File Number(s): 2014/370401

Judgment 1. Garry Steven Davis ("the accused") was arraigned before me on Monday 29 August 2016 and entered pleas of not guilty to the following three counts in the indictment: 1 On 19 October 2013, at Wallsend in the State of New South Wales, did murder Gwendolyne Fowler contrary to s 18 of the Crimes Act 1900 (NSW). 2 On 19 October 2013, at Wallsend in the State of New South Wales, did administer a poison to Audrey Manuel with intent to murder Audrey Manuel contrary to s 27 of the Crimes Act 1900 (NSW). 3 On 29 October 2013, at Wallsend in the State of New South Wales, did murder Ryan Kelly contrary to s 18 of the Crimes Act 1900 (NSW). 1. The victims of these offences were residents in the Mountview ward of the SummitCare aged care facility at Wallsend. Briefly, the allegation brought by the Crown is that the accused, who was a member of the nursing staff, injected Ms Fowler on 18 October and Ms Manuel and Mr Kelly on 19 October 2013 with insulin when there was no medical need to do so. They were each found in a hypoglycaemic state. Medical attention was promptly given. Tragically, Ms Fowler and Mr Kelly could not be saved. 2. This trial has been conducted without a jury. The accused applied for an order that he be tried by a judge alone. The Crown consented to the application. It also consented to leave being granted for the application to be brought out of time. I granted both leave and the application and made a trial by judge order. (See ss 132 and 132A of the Criminal Procedure Act 1986 (NSW)).